PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 1535

notice shall be served by the bailiff by delivering to such owner
a copy thereof or by leaving such copy for such owner at his
usual place of abode with some member of his family over the
age of fifteen years. Corporations shall be served with such
notice in like manner as with summons in ordinary civil action.
If service cannot be made on all or any of the parties aforesaid
within the town the return shall so state, and be prima facie
evidence of the facts stated therein. Whereupon said notice
shall be published once a week for three weeks before the day
for the sitting of said commissioners in some newspaper having
a general circulation in said town; an affidavit of the publisher
of said notice shall be evidence of the facts; service of the
notice shall be made at least six days before the commissioners
meet; it shall be sufficient to bring in the owners of and all
persons claiming any interest in the property affected by such
proceedings, who may be the owners or be interested therein
at the time the ordinance providing for the improvement takes
effect, and all parties claiming or holding through or under such
owners or persons interested shall be bound by such proceed-
ings, (c) The commissioners shall ascertain the just com-
pensation to be paid as follows: First, for each piece of property
taken, where the public use thereof shall be such that the town
must have exclusive possession thereof, the actual value of the
property taken; second, for each piece of property taken, when
the public use thereof may be such that the town need only
have such possession and control as will not wholly exclude the
possession and beneficial use thereof by the owner, the actual
damage from the public use specified in the ordinance. To pay
such compensation, the commissioners shall assess against the
town the amount of benefit to the town and public generally,
and against the several lots and parcels of private property
d'eemed benefited, the balance of such compensation; each lot
or parcel of ground to be assessed with an amount bearing the
same ratio to such balance as the benefit to each lot or parcel
bears to the whole benefit to all the private property assessed.
Parties interested may submit evidence to the commissioners,
and the latter shall examine personally the property to be taken
and assessed. The party owning any property taken, may
remove any improvement therein. The verdict of the commis-
sioners shall be signed by each commissioner, and delievred to
the Mayor or persons acting in his stead:, and contain a correct
description of each lot or parcel of private property to be taken,
and the value thereof, and the amount assessed against the
town, together with a correct description of each lot or parcel
of private property assessed, and the amount assessed against