Page:Acts of Arizona 1909.djvu/32

10 time for the hearing thereof, and shall cause notice thereof to be served upon the parties in interest by personal service within the Territory, or by publication if without the Territory, in such manner as the court may direct; and may, for good cause shown continue such hearing. On the day of such hearing, if it shall appear to the court, or judge thereof in vacation, that the use for which the property described is sought to be condemned is a necessary use within the statutes, such court, or judge thereof in vacation, shall proceed to hear testimony as to the probable damages to each owner, possessor or person having interst in each parcel of land sought to be condemned; and may, by order entered upon the judgment book of said court, either in term time or vacation direct that, upon deposit of a sum of money in double the amount of the probable damages to each owner, possessor or person having interest in each parcel of land sought to be condemned, as found by the court, the plaintiff shall be let into the possession and full use of the parcels of land as described in such order, for all the purposes as therein specified. All moneys paid in under the provisions of this section shall be deposited with the clerk of the court and be by him held to the use and benefit of each owner, possessor or person having interest in each parcel of land sought to be condemned, subject to the judgment upon the trial of the action in regular course, and also as a fund to pay any further damages and costs that may be recovered in said proceedings, as well as all damages that may be sustained by the defendant if for any cause the property shall not be finally taken for public use. The deposit of said money with the clerk of the court as hereinbefore provided for shall not discharge the plaintiff from liability to keep said fund full and without discrimination, but such money shall be and remain as to all accidents, defalcations or other contingencies (as between the parties to the proceedings), at