Page:United States Statutes at Large Volume 31.djvu/577

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. Z86. 1900. 525 son as a commissioner on the same grounds that he might object to him as a trial Hiror. — Sec. 21-1. T e commissioners mentioned in the last section must, djflggiug °¥°°mmi* before entering upon their duties, severally take and subscribe an' oath before some person qualified to administer oaths, to faithfully and impartially discharge the duties of their appointment. The commissioners must meet at the time and place mentioned in the order appointing them, and proceed to examine the lands sou ht to be appropmated, and shall hear the allegations and evidence of 51 persons interested in each of the several parcels of land, and shall ascertain and assess: (1) The value of the property sought to be appropriated, and all improvements thereon, pertaining to the realty and) each and of every separate estate and interest therein; if it consists of different parcels, the value of each dparcel and each estate or interest therein must be separately assesse . (2) If the property sought to be appropriated constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff. (3) Separately, how much the portion not sought to be condemned, and each estate or interest therein will be benefited, if at all,_ by the construction of the improvements proposed by the plaintiff, and if the benefit shall be equal to the dama es assessed under subdivision two the owner of the parcel shall be allowed no com ensation except the value of the portion taken; but if the benefits shall be less than the damages assessed the former shall be deducted from the latter, and thpremainder shall be the only damages allowed in addition to the va ue. (4) If the property sought to be condemned be for a railroad, the cost of good and sufficient fences along the line of such railroad, and the (post of cattle guards where fences may cross the line of such railroa . (5) As far as practicable compensation must be assessed for ·each source of damage separately. ` Sec. 215. For the urpose of assessing compensation and damages, mDgv¤§ic;'**g0m¥;e§¥`g_?f the right thereto shag be deemed to have accrued at the date of the am ¤ua111>¤wed, summons, and its actual value at that date shall be the measure of §§g,f"°°“"’° °f dm' compensation of all property to be actually taken, and the basis of dama es to pro erty not actually taken but injuriously affected. If an order be madl; lettin the plaintiff into possession, as provided in section two hundred angtwenty-two, the comdgensation and damagézs awarded shall draw lawful interest from the te of such order. o improvements put upon the property subsequent to the date of the service of summons s all be inclu ed in the assessment of compensation or dama es. ‘ Sec. 216. %Vithin thirty da s after giving their apiplraisement and Report or commisthe assessment of damages, tile commissioners must e a report of “i°°°”‘ their proceedings, accompanied by a map, if a right of way be sought, showin the route, location, and termini thereof, in the office of the clerk’6§ the court, and the clerk must notify the parties interested that such report has been tiled, which notice must be served upon all the parties interested in the same manner as ‘a summons. ‘ Smo. 217. An appeal from any assessment made by the commission- Appealers may be taken and prosecuted in the court where the report of the commissioners is filed, by any party interested. Such appeal must be taken within the eriod of thirty days after the service upon appellant of the notice of the filing of the award by the service of notice of such