The San Francisco call., 1897-01-20

into court, or give security for the payment
thereof, to be approved by the Judge of such
court. to compensate said defendant for all
damages which may be sustained By said de-
iendant by reason Of such proceedings, or of
any such condemnation, provided the con-
domination shall be finally had of the said
land and premises, together with all damages
which may be sustained by the said defend
ant, If the said proceedings for said condemna-
tion shall finally fail, or if for any cause the
said land and premises shall not be taken for
the public use for which the same is sought to
be condemned, and upon the deposit of the
said money, or upon the giving of such secur-
ity, as ordered by the court, the said plaintiff.
by the said order OF the said court, shall be
let into the possession and use of ssid land
and premises sought to be condemned, or
be continued in the possession and use
thereof, in the same manner and to the
same eff CT as the said plaintiff would be en-
titled after the trial of such proceedings, and
the entry of final Judgment therein. except
that the right of said plaintiff to retain such
possession and to use said land and premises
shall be determined by said fiual judgment,
and in case of refusal OF the defendant upon
the order of said court. to allow the said
plaintiff to enter into the possession and use
Of said land and premises, or any part thereof,
the said court, upon application of said
plaintiff, shall issue writ OF assistance of the
same force and effect as writs of assistance are
issued in other cases, in which writs of assist
ance are lssuable, which said writ shall be
executed by the Sheriff Of the county wherein
the said land and premises may be situated,
without delay.
The defendant, who is entitled to the said
money paid into court, as aforesaid, or upon
any judgment in such proceedings, shall be
EMIT ed to demand and receive the same at
any time thereafter upon obtaining an order
therefor from the court. 1t shall be the duty of
the court, upon application being made by
such defendant, to order aud direct that the
money so paid into court be delivered to him
upon his filing satisfaction OF the judg-
ment or upon filing his receipt therefor, and
an abandonment of all defenses to the action
or proceeding, except as to the amount OF
damages that he may be entitled to in the
event that new trial shall be granted. A
payment to defendant. as aforesaid, shall be
held to be an abandonment by such defendant
of all defenses interposed by him, excepting
his claim for greater compensation. In ascer-
tanning 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 fund full and without
diminution, but such money shall he and re-
main, as to all accidents, defacations or other
contingencies (as between the parties to the
proceedings), at the risk of the plain tiff and
shall so remain until the amount of the COM
pensation or damages is finally settled by judi
cial determination ana until the court awards
the money or such part thereof as shall be de-
termined upon to the defendant, and until he
is authorized or req uired by order of court to
take 1t. II, 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
litigation is finally brought 10 an end and
until paid over or made payable to the de-
fendant 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 official bond for the same. or
on 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 treas
ury, and in such case it shall be the duty of
the State Treasurer 10 receive all such moneys.
duly receipt for, ind 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 10 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 application of the
defendant and he has failed upon such trial
to obtain greater compensation than was al
lowed him upon the first trial, the costs of
such new trial shall be taxed against him.
Sec. 1857. The provisions of part II of this
code relative to new trials and appeals, except
in so far as they are inconsistent with the pro-
visions of this title, apply to the proceedings
mentioned in this title, provided that upon
the payment of the sum of money assessed,
and upon the execution of the bond, to build
the fences and cattle guards, as provided IN