ALBERT C. RITCHIE, GOVERNOR. 489

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, 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. 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 re-
move any improvements thereon. The verdict of the commis-
sioners shall be signed by each commissioner and delivered
to the Mayor or person acting in his stead, and shall contain
correct description of each lot or parcel of private property to
be taken, and the value thereof, and the amount assessed against
the town, together with a correct description of each lot or par-
cel of private 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 days from such re-
port, the proceedings and verdict shall be void. If the verdict
and proceedings be confirmed by the Council within said sixty
days, an appropriation shall be made to pay such sum as has
been assessed against the town, and the amount assessed by
the commissioners against private property shall be a lien
superior to all other liens on the several lots charged from the
day the ordinance providing for the improvement takes effect
until paid; and if not paid within thirty days after the con-
firmation of the verdict, shall bear interest at the same rate
as delinquent general taxes, and shall be forthwith collected
by the Treasurer of the town, either by suit brought in the
name of the town or under this Charter. Money collected on
such assessments shall be used only to pay such compensation
and whatever interest shall be collected, and no more, shall be
apportioned among the owners of the property taken.

(E) The town shall be entitled to immediate possession of
any lot or parcel of property taken upon payment to the owner
of the compensation for such lot or property; provided, how-
ever, that in the event that the person entitled to such compen-