Page:United States Statutes at Large Volume 31.djvu/578

 52 6 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. appeal upon the plaintiff or his attorney in such proceedings, and the ` same shall be brought on for trial upon the same notice and in the same manner as other civil actions; and unless a jury shall be waived by the consent of all parties to such appeal, the same shall be tried by jury, and the damages to which appellant may be entitled by reason of the appropriation of his property, shall be reassessed upon the same j princ1ple as hereinbefore prescribed for the assessment of such damages by commissioners. pon any verdict or assessment by commissioners becoming final, judgment shall be entered declaring that upon payment of such verdict or assessment, together with the interest and costs allowed by law, if any, the right to construct and maintain such railroad, or other public work or improvement, and to take, use, and a propriate the property described 1D such verdict or assessment, for tge use and purposes for which the land has been condemned, shall, as against the parties interested in such verdict or assessment, be and remain in the plaintiif, and his or its heirs, successors, or assigns forever. In case the party appealing from the award of commissioners in any proceeding as aforesaid, shall not succeed in increasing the amount of damages finally awarded to him in such proceeding, he shall not recover the costs of such appeal; but all·· the costs of the appellee upon such a peal shall be taxe against and recovered from the appellant: , Upon the trial of such appeal the laintiif may contest the right of any party or parties thereto to any og the property mentioneg and set forth or involved in the gppeal, which was located after the preliminary sufvey of any such r road seeking to condemn its right of way under and pursuant to the provisions of this Act: Promded, Such condemnation proceedings are begun within one year after such preliminary survey. cuijgvgeggaggitgg *0 Sec. 218. If the title attempted to be acquired is found to be defect- .ive from any cause, the plaintiff may again institute proceedings to ac uire the same, as in this chapter prescribed. . ,,,gYm°“* °£ dam` Sec. 219. The plaintiif must, within thirty days after final judgment, pay the sum of mogply assessed; but may, at the time of or before the payment, elect to bd the fences and cattle guards; and if he so elect shall execute to the-defendant a bond, with sureties to be approved by the court, in double the assessed cost of the same, to bujhl such fences and cattle guards within- eight ‘m0nths from the time e railroad is built on the land taken; ang if such bond be given, need not pay the cost of such fences and cattle rds. In an action on such bond the plaintiff may recover reasonabgllgttcrnefs fees. T° ‘"‘°m *’“i°‘ Sec. 220._ The payment may be ma e to the defendants entitled thereto, or the money may be deposited in court for the defendants, and be distributed to those entitled thereto. If the money be not so paid or deposited, the defendants may have execution as in civil cases; and if the money can not be made on execution, the court or judge, upon a showing to_that effect, must set aside and annul the entire proceedings and restorczapossession of the Qroperty to the defendant, if possession has been en by the plainti . deiggzhgfu of °°¤· Sec. 221. When payments have been made, and the bond given, if ` the plaintiif elects to give one, as muired by the last two sections, ` the court or judge must make a fi _ order of condemnation, which must describe the gllroperty condemned and the pu ses of condemnation. A copy of t g order must be filed in the dgoce of the commissioner of the recording district wherein the land is located, and thereupon the property described therein shall vest in the plaintiff for the purposes therein specified. ’m““° i" SEG- 222• At Buy time after the report and assessment of damages ` of the commissioners has been made and filed in the court, and eit er before or after appeal from such assessment, or from any other order