The age-herald., 1900-12-16

the day appointed, or any other day to
 which the hearing may be continued, the court must hear the allegations of the ap- plcation and any objections which may be filed to the granting thereof, and any legal evidence touching the same, and shall make an order granting or refusing the applica-
 tion. The hearing herein provided for must in all respects be conducted and evidence taken as in civil cases at law, and either party may, by bill of exception, reserve any opinion or decision of the court as in
 cases in which bills of exception are al- lowed in civil cases at law, and either party
 is entitled to an appeal to the Supreme Court from the order of the court grant, ing or refusing the application, within
 thirty days from the making thereof 6. If the application be granted, the judge of probate must appoint three citizens Of
 the county in which the lands sought to be
 condemned are situated, who shall possess the qualifications of jurors who shall be disinterested, and who shall be required to file certificate along with their award,
 that neither of them had ever been con- suited, advised with or approached by any person in reference to the value of the lands, or the proceedings to condemn the same, prior to the assessment of the dam age, and that they knew nothing of the same before their appointment; and the judge of probate is authorized to fill any vacancy occasioned by death, resignation, failure to act, or any disqualification of any such commissioners from interest, prior knowledge of the subject matter, or by being consulted, advised with or approached in refernece to the condemnation of such
 lands fO tba n a assessment of damages. When the court
 shall have appointed the commissioners as herein provided, it shall at once issue a notice of such appointment to the sheriff, whose duty it shall be to serve such notice upon the person therein designated within five days of the receipt thereof, and the sheriff shall receive the same compensa- tion for serving such notice as allowed for summoning jurors. It shall be the duty of the commissioners, or majority of them,
 thus appointed by the judge of probate
 to assess the damages and compensation to
 which the owner of the lands is entitled,
 and they shall be sworn as jurors are sworn. The commissioners may view the lands to be subjected, and must receive all legal evidence that may be offered by eith- CT party touching the amount of the dam ages the owner of the lands will sus tain and the amount of compensation he is en- titled to receive; but the amount of compen- sation to which the owner is entitled must not be reduced or diminished because of any incidental benefits which may accrue to him, or to his remaining lands in conse- quence of the uses to which the land pro- posed to be taken, or in which an easement
 is proposed to be acquired, will be appro- priated. But nothing in this section shall be construed to prevent any applicant for the condemnation of land, or any land owner whose land is sought to be con- demned, from being present in person or by attorney at any of the proceedings or trials provided for in this article. z. The commissioners must. within ten days from their appointment, report in writing to the court the amount of the damages and com pensation ascertained and assessed by them,
 and thereupon the court must order the
 same to be recorded, and must make an or der of condemnation in pursuance thereof upon payment of the damages and compen- sation so assessed and reported or the de- posit of the same in court 8. Either party may appeal from the assessment of dam ages and compensation by the commission CTS to the City or Circuit Court of the county within thirty days after the making of the order of condemnation upon the re- port of the commissioners, by filing in the court rendering the judgment a written mo- tice of appeal a copy of which shall be served on the opposite party, and on such appeal the trial shall be de novo; but no appeal shall suspend the judgment if the applicant shall give bond with good and
 sniff aia anf tO has al h,y 4lo
 judge of probate, to pay such judgment as
 shall be rendered on appeal g. The order
 of condemnation upon the payment of the
 sum ascertained and assessed by the yer
 dict of the jury, or the deposit thereof in
 court for the defendant, shall vest in the
 United States the title in fee simple to the
 lands to be acquired for the uses and pur-
 poses stated in the application. But If an appeal shall be taken by either party then
 the Unresd States or its agents, upon the deposit in the court for the party whose
 land is sought to be condemned, of the amount of damages and compensation so
 assessed, together with the cost of the pro- ceeding, shall be entitled to enter upon the land condemned and survey, construct, and operate on the same for the uses and purposes stated in the application, but such easement snail not vest absolutely in the United States until the final determination of the cause and the payment or deposit in court of such damages and compensation as shall then be adjudged. 10. The appli- cant may pay the damages and compensa- ton assessed at any time within six months after the assessment thereof, or, in case an appeal Is taken, within six months a <er the appeal is determined, but if he fails to pay the same within such time such assessment shall cease to be binding on the owner of the lands, and the rights or the United States hereunder shall determine H. If the application is granted and the lands condemned, as hereinbefore provided, and no appeal is taken therefrom, or, If appeal is taken and the lands described are con- demned on appeal, the Probate Court, in which the application is filed, shall at once appoint a commissioner to execute a con- VeVance of the title to the lands so con-