Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1906-05-25

vided, shall thereupon appoint day and
place for empaneiing the commissioners to
ascertain the compensation for the property
to be taken, and to make assessments to pay
for the same. The town clerk shall then issue
notice under his hand and the seal of the
town which shall give the names Of the own
ers, at the date of the ordinance, of the
property 10 be taken shall state the date
and purpose Of the ordinance and shall state
that their property will be taken for the pur-
pose specified in the ordinance, and that
commissioners will be empaneled to ascertain
said compensation, and the day and at the
place ixei by the mayor or member OF. the
council, as theCase @ay be said notice shall
owners COPY Mereof. or by leaving such
copy tor such owner at hfs usual place OF
abode with some member Of his family over
the age OF fifteen years. Corporation. shall be
served with such notice in like manner as
with summons in ordinary civil action. If
service cennot be made on all or any Of the
parties aforesaid within tn town, the return
shall 80 state, and be prima facia evidence of
the facts stated therein. Whereupon, said
notice shall be published once week for
three weeks before the day for the sitting of
said commissioners in some newspaper hav-
ing general circulation in said town an
1shANnVltVt tuC pubLhouCE vi bhlu -uULlC0 DuNll
be evidence Of the facts; service Of the notice
shall be made at least six days before the
commissioners meet, il shall be sufficient
TO bring in the owners of and all. persons
Claiming any interest in the property affect
ed by such proceedings, who may be the
owners or be otherwise interested therein: at
the time the ordinance providing for the i'm
provement takes effect, and all parties claim
ing or holding through or under such own
ers or persons interested shall be bound by
such proceeding. (c) The commissio ners
shall ascertain the just compensation TO be
paid, as follows:
First, for each piece Of property taken ,wher
the public use thereof shall bsSsuch that the
town must have exclusive possession 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 con-
troll AZ wilt not wholly exclude the possession
and beneficial use thereof by the owner, the
actual damage from the public use specified
10 the ordinance. To pay such compensation,
the commissioners shall assess against the
town The amount OF benefit to the toWa and
public generally. Parties interested may sub
NIT evidence to the commissioners and the
latter shall examine personally the property
to be taken and assessed. The parties own
ing any property taken, may remove any i'm
provement thereon. The verdict of the COM
m issiolsrs shall be signed by each commits
sioner and delivered 70 the mayor. or person
acting id his stead, and contain correct de-
scrptions0f each lot or parcel Of private prop
erty to hestaken and the value thereof (d).
The mayor, or person acting in his stead,
shall, after rendition or the verdict, report
the same 10 the council, and IL the came be
not coniirmsd within sixty (6O) days from,
such repoEt, the proceedings and verdict shall
be void, the verdict and proceedings be
contrmef BY the council within sixty (60) 4
days an appropriation shall be made 70 pay
such snmAsshasbeen assessed against the town,
lei The lgWnlehali not be, entitled to the pos
session o. any lots or parcels Of property
taken until payment of the compensation
therefor be made or paid into the Circuit Court
for Montgomery county for the person entitled
in case s,aeh person he absent, unable or un-
W illiag ~ receive the same or the title TO the
property TO be taken shall be 10 question
IN 10 case the town or any person affected
by such proceeding shall feel aggrieved by
the verdict OF the commissioners, appeal ma "
be taken within twenty days of the approval
of said verdict to the Circuit Court Of Mont
geometry county. The party appealing shall
perfect his appeal by filing with the town
clerk written notice Of his intention so to
do within twenty days aud thereupOn the
clerk shall, within twenty days from said
notice file a complete transcript OF the pro-
ceedings with the Clerk of the Circuit Court.
and said cause, unless the appeal be dimissed
shall be tried de nOvo in said Court at the
next jury term Of said Court, after said trans
cript is hled, in all respects, as other trials
ha d 10 said Court. The verdict of the inry
sha II conform in all respects TO the reonira.
ments Of this section, and shall have the "a me-
force and efect as the verdict of said COM
miasioners.
20. whenever any work Of anv na,nr. 4.
to be performed, the estimated cost of wh;ch
exceeds two hundred ($2OOl dollars wh;ch
estimate snAu De entered on the minutes Of
the council, notice Of two weeks shall be 0ivsn
by posing in some, conspicuous nlaces
In the town, and publication Al least twics
during that period in some new sDaner Of
general circulation in the town thst h, A.
will be received tor said work. The ccnne;I
may rejecs any or all bids, and advertise
anew: " men such contract is awarded IL
shall be by ordinance duly passed.
80. Whenever it shall become necessary for
any purpose under this Act to serve a notice
or process OF any kind whatsoever, upon any
person or persons owning property within
the limits OF said town, who may be absent
therefroms or nonresident thereof, or upon
whom, for any other reason. personal ser
vice cannot be had, aud the bailiG shall make
return 70 that effect, service Of said notice or
process may be made by publication of said