The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1917-07-27

forth in the petition which notice shall be
served by the proper sheriff in the same man
ner as writS OF summons ad respondendum are
served, not less than 10 days before the return
day OF such notice or notices. As many notices
may be necessary to obtain service on the
defendants may from time to time, be issued,
returnabe, above stated, to later day or
days. Rule Days are abolished in these pro-
ceedings. If any defendant be alleged to be
nonresident OF the State, or ii the name or
residence OF any defendant s alleged to be I'M
known, or il any defendant cannot be person
ally served, the Clerk shall cause such notice
10 be published once each week Tor consecu.
tive weeks in some newspaper published IN
said County, and the Clerk shall mail a cert
ned copy OF such notice to each nonresident
defendant at his place OF residence as name in
the petition, and he shall also file a certificate
OF such constructive service, which mode OF
service shall be as effcctual as though the de-
fendant had been personally served with pro
cess within this State. Notice OF lis pendens
may be filed and recorded as in other cases.
Sec. &. All persons not appearing or answer
ing on the return day, whether under disabil-
ity or not shall be bound by the proceedings
and default may be entered against them, but
nothing shall prevent any person who is shown
by the record to be interested IN the property
from appearing before the jury TO contest Tor
and claim the amount OF compensation that he
conceives to be due for the property. As soon
as practicable after the return day OF the writ
it shall be the duty OF the Judge OF the Cir
cult Court to cause jury OF u men 10 be
empaneed to try what compensation shall be
made to the defendants for the property sought
TO be appropriated, irrespective OF any beneht
from any Improvement proposed by the County,
which issue shall be tried in the same manner
as the other issues Of fact are tried in the said
Circuit Court. The jury shall in all cases view
the property unless the parties interested III
the issue consent to dispense with the view
ing. The cause may be tried in vacation as
well in term time, and the Judge may make
all necessary orders tor procuring Jury or IN
reference to the case. If the jury cannot agree
another jury may be empaneled forthwith.
Sec. !. The Judge OF said Court shall ap.
point guardian ad liem for all defendants
who are infants, or are under other legal dis
abilities. and the defendants whose names and
addresses unknown. and the guardian ad
tem shall be served with copy OF the order
OF his appointment at least 10 days before the
trial OF said cause. The court shall have full
power to order or grant amendments and to
make all orders necessary to secure justice
TO all parties in the cause, and also TO grant
new trials.
Sec s. The verdict OF the jury shall state:
First: accurate description OF the property
taken; second, the compensation to be made
therfor, including reasonable attorneys Zee
Tor the defend ants attorney; and tnlrd, the
amount OF such compensation to which each
owner is entitled il sufficient facts are before
the Court 10 adjudicate the distribution OF the
proceeds
Sec. .. The judgment shall recte the verdict
in full and shall be that the property therein
described be appropriated to the County in fee
simple, the particular right or estate in said
property sought, be appropriated TO the County
upon the County paying or securing by de-
post OF money the compensation found by Inc
verdict OF the jury.
Sec. TO- The County within ten days after
the rendition OF the judgment shall pay into
the Court for the of the defendant the
compensation ascertaned by the jury, else
the proceedings shall be null and void unless
Tor good cause, further time, not exceeding
80 days be allowed by the Court. Upon such
payment, and upon the recording OF the judg
ment, with the Clerks certificate that the
compensation has been paid into the Court, in
the book of deeds i'll said clerks Office the
County shall have full and lawful authority
to enter upon and appropriate the property for
the aforesaid, with the same effect as
though the County held the same by deed or
grant from the defendant.
Sec. II. Any person aGgrleVcd by the final
judgment may have writ or error as in com.
mon law cases. but no writ OF error Shall be
sued out after 80 days from the rendition OF the
Judgment and such writ OF error shall i'll no
case operate as Il superscdeas where IL.
County has paid the amount OF the compen.
sation into the Court aforesaid, as to
prevent the Countys appropriation OF the
property pending the proceedings III error. II
at any time after the writ OF error taken by
any defendant, he shall take out Of the Court
the amount found to be due him, the writ Of
error shall be dismissed in the Supreme Court
upon the certificate OF the Clerk of the Circuit
Court that the defendant has taken out the
compensation aforesaid
Sec r. Whenever the judge shall be sat
lSftd That any person or persons, whether
holding under the defendant or not, are pre- /
venting ohstructing the County from en-.
tering upon taking possession OF the prop.
erty after the County is entitled to do SO, he {
may grant such wrts of assistance as he may =
think necessary, he may proceed by at /,
tachmcnt for contempt OF court.
Sec. Is. All costs OF proceedings shall be II
paid by the County, except the cost upon the (,
writ OF error taken by defendant, in which X
the judgment OF the Circuit Court shall be a
affirmed. L
Sec H. In any case where the County shall II
not have acquired title to any lands which q
the County is using, or if at any time after !;
an attempt to acquire title by condemnation !,
proceedings otherwise, it shall be found {,
that the titles so acquired are defective, the "
County may proceed under this Act to acquire !,
or perfect such title. to acquire any out
standing right, title or interest in and to such +,
property.
Sec. is. This Act shall not be SO construed il
as to repeal Section S39 OF the General Statutes II
Of Florida, or Chapter 5i40 OF the Laws OF M
Florida, entitled An Net To Amend Section =
49, Chapter 433S, Laws OF Florida, entitled
An Act to Provide for the WorKlng OF Pub
lie Repairing and Maintaining the Public \
Roads and Bridges of the several Counties
allure thereof" approved June l, 1905, or
HAPPIER 5439 of the Laws of Florida EMIT
ed An Act to Amend Chapter 1863 Laws
If Florida, being An Act entitled AN Act to
'rovde for the Working OF Public Roads Of
he State and the working OF ConviCts there
m" approved May 20, 1905
Sec. IL, All laws parts of laws in con,
lie with tbs Act be and the sane are here
~ repealed.
Sec H. This Act Shall become effective i'm
nediately upon becoming law
approved June 9, 1917.
CHAPTER 7339-(No. SD.
N ACI to Amend Section 25C5 OF the Gen