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Compensa-
tion given,
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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, (e) The com-
missioners 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 ex-
clusive 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. 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 improvement thereon. The verdict of the Commissioners
shall be signed by each Commissioners, and delivered to the
Mayor or persons acting in his stead, and contain a correct de-
scription of each lot or parcel of private property to be taken,
and the value thereof, (d) 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 within sixty
days from such report the proceedings and verdict shall be
void. If the verdict and proceedings be confirmed by the
Council within sixty days an appropriation shall be made to
pay such sum as has been assessed against the town, (e) 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 for Mont-
gomery county for the person entitled in case such person be
absent, unable or unwilling to receive the same, or the title to
the property to be taken shall be in question, (f) In case, the
town or any person affected by such proceedings shall feel
aggrieved by the verdict of the Commissioners, appeal may
be taken within twenty days of the approval of the said ver-
dict to the Circuit Court of Montgomery county. The party
appealing shall perfect his appeal by filing with town clerk a
written notice of his attention so to do within said
twenty days, and thereupon the clerk shall within twenty
days from said notice tile a complete transcript of the
proceedings with the clerk of the Circuit ; and said cause,
unless the appeal be dismissed, shall be tried de novo in said
court at the next jury term of said court, after said transcript
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