3404 ARTICLE 16.

notice under his hand and the seal of the town which shall give the names
of the owners, at the date of the ordinance, of the property to be taken;
shall state the date and purpose of the ordinance and shall state that their
property will be taken for the purpose specified in the ordinance, and that
commissioners will be empaneled to ascertain said compensation; and on
the day and at the place fixed by the Mayor or member of the Council,
as the case may be; said notice shall be served by the bailiff or town clerk
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
can not 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 news-
paper having a general circulation in said town; an affidavit of the pub-
lisher 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 improve-
ment takes effect, and all parties claiming or holding through or under
such owners or persons interested shall be bound by such proceedings. The
commissioners shall ascertain the just compensation 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 bene-
ficial 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. 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 im-
provement thereon. The verdict of the commissioners shall be signed by
each commissioner and delivered to the Mayor, or person acting in his
stead, and contain a correct description of each lot or parcel of private
property to be taken and the value thereof. The mayor or person acting
in his stead shall after rendition of the verdict, report the same to the
Council, and if the same be not confirmed by the Council within sixty
(60) days from such report, the proceedings and verdict shall be void.
If the verdict and proceedings be confirmed by the Council within sixty
(60) days an appropriation shall be made to pay such sum as has been
assessed against the town. The town shall not be entitled to the possession,
of any lots or parcel of property taken until payment of the compensation
therefor be made or paid into the Circuit Court of Montgomery County