554 LAWS OF MARYLAND.

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 newspaper having a general circulation
in said town; an affidavit 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 suffi-
cient to bring in the owners of and all persons' claiming any in-
terest 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. The commis-
sioners shall ascertain the just compensation to be paid as fol-
lows: First, for each piece of property taken, where the pub-
lic use thereof shall be such that the town must have exclusive
possession thereof, the actual value of the property taken; sec-
ond, for each piece of property taken when the public use
thereof may be such that the town need only have such posses-
sion 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 com-
pensation, the commissioners shall asseas against the town the
amount of benefit to the town and public generally. Parties in-
terested may submit evidence to the commissioners and the lat-
ter 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 commissioner and delivered to the
Mayor, or person 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. 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 with-
in sixty (60) days from such report, the proceedings and ver-
dict 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 for the person entitled in case such person be absent,
unable or unwilling to receive the same, or the title to the prop-
erty to be taken shall be in question. In case the town or any
person affected by such proceedings shall feel aggrieved by the