PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 553

government and regulations of the town affairs as they deem
necessary and proper.

28. Whenever the Council shall, by ordinance, provide for
establishing any public park, or for establishing, opening, wid-
ening, extending or altering any street, avenue, alley, route for
sewer or water pipes, for constructing water works or for
carrying out any other powers granted by its charter, and it be-
comes necessary to take private property for such public use,
just compensation shall be paid to the owner or owners there-
of, which shall be ascertained and assessed by six disinterested
commissioners, who shall be qualified voters of the town, and
who shall be selected by the Mayor; such proceedings shall be con-
ducted by the Mayor, or in his absence or inability to act, or in
case he is interested, then by some disinterested member of the
Council designated by the Council, and while in the dis-
charge of such duty the person conducting the same shall have
and exercise the powers of the Circuit Court for the preserva-
tion of order and enforcing process issued in the course of the
proceedings, and may summon and compel the attendance of
witnesses and jurors, preside at the investigation, pass on the
competency of evidence, and instruct the commissioners as to
the law. When any ordinance shall provide for taking private
property for any public use, it shall describe said property.
The Mayor or member of the Council designated, as above pro-
vided, shall thereupon appoint a day and place for empanel-
ing the commissioners to ascertain the compensation for the
property to be taken, and to make assessments to pay for the
same. The Town Clerk shall then issue a 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 em-
paneled 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. Corpora-
tions 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 re-
turn shall so state, and be prima facie evidence of the facts