The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

NAV be entitled If the Court finds
that the petitioner is entitled to pos
session of the property prior to final
judgment the Court shall enter an
order requiring the petitioner to de-
post in the registry of the Court
such sum of money as the Court
shall determine will fully secure and
fully compensate the person lawfully
entitled to compensation, as ultimate
" determined by final judgment of
the Court. which said deposit shall
in no event be less than double the
value as fixed by the appraisers ap-
pointed by the Court.
+. If the sum so fixed by the
Court is not deposited within ten U0)
DAYS AFR the date of such order,
the order shall be void and of no
further force and effect.
G. Immediately upon the making
Of said deposit. title to the said lands
in fee simple absolute or such less
estate or interest therein as is spe-
Gifted in said declaration shall vest
in the petitioner and said lands shall
be deemed to be condemned and taken
for the use of the petitioner and the
night to Just compensation for same
shall vest in the persons entitled
thereto; and said compensation shall
be aScertained and awarded in said
proceeding and established by judge
ment therein and said judgment shall
include as a part Of the just COM
pensatiOn awarded, interest at the
rate OF six per centum per annum
on the amount finally awarded as the
value of the property, from the date
Of the surrender of possession to the
date of payment. but interest shall
not be allowed on so much thereof
as may have been paid into court.
10 sum so paid into court shall be
charged with commissions or pound
age.
Sec. ,. Upon application of the
parties in interest. the Court may Or
der that the sum of money set forth
in paragraph 90 of the declaration
be paid forthwith for or on account
of the Just compensation to be awar-
ded in said proceeding from the mon
ev deposited with the clerk of said
Court. If the compensation finally
awarded in respect of said lands, or
any parcel thereof shall exceed the
amount of money so received by said
person entitled the Court shall enter
judgment against the petitioner for
the amount of the deficiency.
Sec. 3. At the time of entry of an
order fixing the amount of the de-
post to be made. the court shall
have the power by order, to fix the
time within which and the terms up
on which the parties in possession
shall be required to surrender pos
session to the petitioner, said order
TO become effectual upon the petit
toner depOsiting the sum fixed by
the Court in the registry of the
Court. The Court shall have power
to make such orders in respect of
encumbrances liens, rents, taxes, as
sessments. insurance, and other
n 10 i'm CT Il
equitable. Whenever the judge shall
be satisfied that any person or per-
sons. whether holding under the de-
PENDENT or not. are preventing or OBJ
structing the petitioner from enter
ing upon or taking possession of the
property after the petitioner is en-
titled to do so. he may grant such
writs of assistance as he may think
necessary, or he may proceed by
attachment as for contempt of Court.
Sec. 4. The declaration of taking
the amount of the deposit and the re-
port of the appraisers appointed by
the Court, shall not be admissible
in evidence in any cause and shall
not be exhibited to any jury empan-
elled for the purpose of assessing
the Court shall not be competent
ton. The appraisers appointed by
the Court shlal not be competent
witnesses in the cause when said
cause is submitted to the jury for
the purpose of fixing an award.
Sec. 5. The petitioner upon filing
the declaration of taking and making
the deposit, shall be irrevocably
ultimate award; provided, however,
this shall not prevent the petitioner
from suing out a writ of error from
said Judgment in the manner pro-
Vided by law.
Sec. 5. A. All costs of proceedings
shall be paid by the petitioner, in
Guiding reasonable attorneys fee
for the defendant to be assessed by
the jury, except the cost upon the
writ of error taken by a defendant.
or which the judgment of the Cir
cult Court shall be affirmed.
Sec. g. In event no writ of error
has been issued in said cause with
in thirty 900 days after the rendi-
ton of the Judgment. the clerk of
said court shall pay to the judgment
creditor or creditors the sum nee
essary to satisfy the judgment from
the funds on deposit. and upon or
der of the court shall refund to the
petitioner any sum from the deposit
not necessary for the satisfaction of
said Judgment. In event no writ
of error is issued within thirty 900
DAYS after the judgment the petition
Cr shall pay into the registry of the
Court for the use of the parties law
fully entitled thereto the sum nee
essary to satisfy said judgment.
Sec. Z. The issuance of writ of
error or the giving of any bond or
undertaking therein shall not oper-
of title to such lands in the petition
er, or the right, title or interest of
the petitioner in and to said prop
erty. In event the augment of the
lower court is affirmed the said judg-
ment shall be satisfied from the
funds on deposit with the clerk or
by the ptitioner within thirty 800
DAYS after the filing of the man
date in the lower court, and in event
the said Judgment is not so salts
fed. execution may be issued and
levied as provided in Section 10.
Sec. s. The right to take posses
sion and title in advance of final
judgment in condemnation proceed
ings as provided by this Act shall
be in addition to any right, power
or authority conferred by the laws
of the State of Florida under which
proceedings may be conducted and
shall not be constructed as abrogat-
ing. limiting or modifying any such
right, power or authority.
Sec. 9. In any case in which any
housing authority created under the
Laws of Florida. has taken or may
take possession of any real property
during the course of condemnation
proceedings and in advance of fna
Judgment therein and the said peti.
toner has become irrevoCably com,
mitted to pay the amount ultimately
to be awarded as compensation, ther
il shall be lawful to eXpend monies
duly appropriated for that purpose
in demolishing existing structures or
said land and in erecting buildings
or public works thereon. or in i'm
proving said land or erecting anC
constructing buildings. or work:
thereon, authorized by law to bt
The "a ne