ALBERT C. RITCHIE, GOVERNOR. 1561

Whereupon said notice shall be published once a week for
three weeks before the day for the sitting of said commission-
ers, in some newspaper having a general circulation in said
town; and affidavit of the publisher of said notice shall be evi-
dence of the fact. Service of the notice shall be1 made at least
six davs before the commissioners meet. It shall be sufficient

t/

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 interested therein at the time the ordinance pro-
viding for the improvement takes effect; and all parties claim-
ing or holding through or under such owners or persons in-
terested, shall be bound by such proceedings.

(C) The commissioners shall ascertain the just compensa-
tion to be paid as follows:

First.—For each piece of property taken, when the public use
thereof shall be such that the town must have exclusive pos-
session 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 tow:i and public generally, and
against the several lots and parcels of private property deemed
benefited the balance of such compensation; 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 private property assessed. Parties in-
terested 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 improvements thereon. The verdict of the commissioners
shall be signed by each commissioner and delivered to the Mayor
or person acting in his stead, and shall contain correct descrip-
tion of each lot or parcel of private property to be taken, and
the value thereof, and the amount assessed against the town, to-
gether with a correct description of each lot or parcel of pri-
vate property assessed, and the amount assessed against the
same.

(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 davs from such re-