LLOYD LOWNDES, ESQUIRE, GOVERNOR.

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 and to be assessed f or com pensation; shall

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state 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 empanneled to ascertain said compensa-
tion 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 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. Where-
upon 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 affida-
vit 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 in-
terested 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 ascer-
tain 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 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 properly deemed benefited, the balance of such compen-
sation; 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 pri-
vate property assessed. Parties interested may submit evidence

Taking
private
property
lor public
use.