1560 LAWS OF MARYLAND. [CH. 542

.alley, route, for sewer or water pipes, for constructing water-
works, or for carrying out any other powers granted by its
Charter, and it becomes necessary to take private property for
such public use, just compensation shall be paid to the owner
or owners thereof, 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 pro-
ceedings shall be conducted by the Mayor, or in his absence or
inability to act, or in case he be interested, then by some dis-

f 7 / *.'

interested member of the Council designated by him; and
while in the discharge of such duty the person conducting the
same shall have and exercise the powers of the circuit court
for the preservation 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 investi-
gation, pass on the competency of evidence, and instruct the
commissioners as to the law.

(B) When any ordinance shall provide for taking private
property for any public use, it shall describe said property
and prescribe the limits within which private property shall
be deemed benefited by the proposed improvement, and be as-
sessed, and charged to pay compensation therefor, with a de-
scription of the property so benefited. The Mayor or member
of the Council designated as above provided, shall thereupon
appoint a day and place for impaneling the commissioners to
ascertain the compensation for the property to be taken, and
to make assessments to pay for the same. The 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 and to be assessed for compensa-
tion ; the date and purpose of the ordinance; and shall state
that their property will be taken, or assessed for compensa-
tion 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 the bailiff by de-
livering 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.