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Transcription
u However, It is ay view that it is very unlikely that the District wools take such action and if it did, 1 believe that Court would have power to postpone the action at least until an election had been had authorizing the sale of the bonds. One of the reasons which impel this conclusion is that Section 9166 of the Compiled Laws provides that the plaintiff must within thirty days after final judgment determining the value of the property condemned pay the sum of money assessed. Section 9167 says' that payment may be made to the de- — fendants or the money may be deposited in Court for the defendants, If the money be not so paid or deposited, the defendant may levy an execution and if the money cannot be obtained by levy of execution "the Court, upon a showing to that effect, must set aside and annul the entire proceeding, and restore possession of the property to the defendants, if possession has been taken by the plaintiff," You can see that it would be rather foolhardy for the District to proceed with the condemnation action unless it were in position to promptly pay the award made by the trial Court* This fact would also furnish a reason for the trial Court to postpone the trial of the case if the bonds had not been authorized or sold prior to the commencement of the action. -3- % ' ‘ ? " V ' 1, E, Bennett ECR:LW
