The record-union., 1897-04-27

claim for greater compensation. In
ascertaining the amount to be paid into
court, the court shall take care that the
same be sufficient and adequate. The
payment of the money into court, as
hereinbefore provided for, shall not
discharge the plaintiff from liability to
keep the said fund full and without
diminution; but such money shall be
and remain, as to all accidents, defal-
cations or other contingencies (aS be-
tween the parties to the proceedings),
at the risk of the plaintiff, and shall so
remain until the amount of the COM
pensation or damages is finally settled
by judicial determination, and until the
court awards the money or such part
thereof as shall be determined upon, to
the defendant, and until he is author
lied or required by order of court to
take 1t. If, for any reason, the money
shall at any time be lost, or otherwise
distracted or Withdrawn, through no
fault of the defendant, the court shall
require the plaintiff to make and keep
the sum good at all times until the liti-
| CATION is finally brought to an end, and
until paid over or made payable to the
defendant by order of court, as above
provided, and until such time or times
the County Clerk shall be deemed to be
! the custodian of the money, and shall
be liable to the plaintiff upon his Off
cial bond for the same, or any part
thereof, in case it be for any reason lost
or otherwise distracted or withdrawn.
The court, however, may order the
money to be deposited in the State
| Treasury, and in such case it shall be
the duty of the State Treasurer to re
celVe all such moneys, duly receipt for,
and safely keep the same in a special
fund, to be entered upon his books as a
| condemnation fund for such purpose,
and for such duty he shall be liable to
the plaintiff upon his official bond. The
State Treasurer shall pay out such
money SO deposited in such manner
and at such times as the court may, by
| order, direct. In all cases where a new
trial has been granted upon the appli-
cation of the defendant, and he has
failed upon such trial to obtain greater
compensation than was allowed him
upon the first trial, the costs of such
new trial shall be taxed against him.
| Section 2 Section 1851 of the Code of
Civil Procedure is hereby amended to
read as follows:
12o1. The provisions of part two of
| this code, relative to new trials and
| appeals, except in SO far as they are
| inconsistent with the provisions of this
! title, apply to the proceedings men
toned in this title; provided, that upon
the payment of the sum of money as
sessed, and upon the execution of the
| bond to build the fences and cattle
guards, as provided in Section 1851, the
| plaintiff shall be entitled to enter into,
| improve and hold possession of the
| property sought to be condemned, if
not already in possession, or shall have
been let into the possession and use
| thereof, as provided in Section 1854,
and devote the same to the public use
in question; and no motion for q new
trial or appeal shall, after such pay
ment and filing of such bond as afore-
said, in any manner retard the contem-
| plated improvement. Any money which
shall have been deposited, as provided
in Section 1854, may be applied to tina
payment of the money assessed, and
the remainder, if any there be, shall be
returned to the plaintiff