Page:United States Statutes at Large Volume 31.djvu/576

 524 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. in char e of the public use for which the ro ert is sou ht who must begstyled plalfntiif. P P y g ’ (2) The names of all owners and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants. (3) A statement of the right of the plaintiff. A · 4) If a right of wa be sought, the complaint must show the location, generafroute, and termin1, and must be accompanied with a map thereof, so far as the same is involved in the action or proceeding. (5) A description of each .piece of land sought to be taken, and whether the same includes the whole or only a art of the entire parcel or tract. All parcels lying in the precinct and) required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but thecourt may consolidate or separate them to suit the convenience of parties. When application for the condemnation of a right of way for the purposes of sewerage is made on behalf of a precinct, town, or settlement, the chief executive officer of the same, or, if the same be uninco*rporated, any three citizens authorized thereunto by a written instrument, signed by not less than one-half of the whole number of male inhabitants of such precinct, town, or settlement over the age of twenty-one years, which fact shall be set forth in the complaint, may be named as laintiif. _ c0§1¤gsu¤{§¤¤;1¤6wwhi:s{1gg Sec. 211. Upon the filing of sudh com laint a summons shall be anu méeu. issued, which shall contain the names of the parties, a description of ' the lands proposed to be taken, a statement of the public use for which it is sought, and a notice to the defendants to appear before the court or judge, at a time and place therein specified, and show cause why the property described should not be condemned, as prayed for in the complaint. Such summons shal1, in other particulars, be in the form of a summons in a civil action, and shall be served in like manner upon each defendant named therein at least twenty days previous to the time designated in such notice for the hearing, and no copy of the complaint need be served. But the failure to make such service uplon a de endant does not affect the right to proceed against an or all other of the defendants upon whom service of the summons hmlbeen made. Who my d¢f¢¤d· Sec. 212. All persons named in the complaint in. occupation of, or claiming an interest in, any of the property escribed in the complaint, or in the damages for e taking thereof, though not name, may appear, answer, or demur, each in respect to hIS own property or . interest. ' Apvcintmerg ¤f Sec. 213. The court or judge has power: °°mmi”i°°°”' °(1) To regulate and determine the place and manner of making the connections and crossings and enjoying the common uses mentioned in subdivisionive of section two hundre and six of this chapter, and of the oocujéyingi of canyons, passes, and deiiles for railroad purposes, as permitte an regulated by law. (2)_ To determine whether or not the use for which the property is sought to be appropriated is a public ·use within the meaning of the laws relating to the district. I. (3) To limit the amount of property sought to be appropriated, if _in the opinion of the court or judge the quantity soug t to be appropriated is not necessary. (4) If the court or jud e is satisfied that the public interests require the taking of such lands, it or he must ma e an order appointing three competent persons, resident in the precinct, commissioners to ascertain and determine the amount to be aid by the plaintiffs to each owner or other person interested in such property as damages, by reason of the appropriation of such plroperty, and specifying the time and place of the- first meeting of suc commissioners, and fixing their compensation. Any party may object to the appointment of any per-