3662 ARTICLE 16.

date of the ordinance of the property to be taken and to be assessed for
compensation; the date and purpose of the ordinance; and shall state that
their property will be taken, or assessed for compensation for the taking,
for the purpose specified in the ordinance; and that commissioners will be
empowered to ascertain said compensation and make such assessment 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 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 two weeks before the day for the
sitting of said commissioners, in some newspaper having a general circu-
lation in said town; and affidavit of the publisher of said notice shall be
evidence of the fact. Service of the notice shall bo made at least three
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 proceedings.

(C) The commissioners shall ascertain the just compensation to be paid
as follows:

First: For each piece of property taken, when 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 deemed 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. Par-
ties 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 improvements thereon. The
verdict of the commissioners shall be signed by each commissioner and
delivered to the Mayor or person acting in his stead, and shall contain
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 the same.