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practicable, in the same manner as before, and said court or judge shall have power, and it is hereby made the duty of such court or judge, to continue the proceedings and to summon and empanel a jury or juries until a verdict can be had. Any person, party or, corporation feeling aggrieved by any such verdict, may move before such court or judge for a new trial, in the same manner and for the exceptions. same causes, as in action at law, and the refusal of such court or judge to grant a new trial, may be excepted to and assigned for error.

New trial and

order upon

1068. SEC. II. The judge or court shall, upon such Judgment and verdict proceed to adjudge and make such order as to right verdict. and justice shall pertain, ordering that petitioner enter upon such property and the use of the same, upon payment of full compensation as ascertained as aforesaid; and such order with evidence of such payment, shall constitute complete justification of the taking of such property.

1069. SEC. 12. Any person not made a party may become such by filing his cross petition, setting forth that he is the owner or has an interest in the property sought to be taken or damaged by the proposed work; and the rights of such last named petitioner shall thereupon be fully considered and determined.

New parties.

writs of error.

1070. SEC. 13. In all cases upon final determination Appeals and thereof in either the district or county court, or before a district or county court judge in vacation, an appeal may be taken to the supreme court in the same manner as provided by law for taking of appeals from the district court to the supreme court; and a writ of error from the supreme court shall lie in every case to bring in review the proceedings therein, after such final determination.

1071.

property in case

writ of error.

SEC. 14. In cases in which compensation shall Possession of be ascertained as aforesaid, if the owner or owners of the of appeal or property taken or affected shall appeal or prosecute a writ of error, the petitioner may pay into court or to the clerk thereof, the amount of compensation so ascertained and awarded for the use of the owner or owners, and shall thereupon be entitled to take possession and use the property taken or affected, the same as if no such appeal or writ of error had been taken. The said money so deposited as

Payment of compensation.

Entry of verdict
and judgment
of record.

Estimation of value and damages.

aforesaid shall remain on deposit until such appeal or writ of error shall have been heard and determined: Provided, however, that if the owner or owners shall elect to receive such money before the determination of such appeal or writ of error, said appeal. or writ of error shall thereupon be dismissed, so far as such owner or owners are concerned. If the appeal or writ of error shall be taken by the petitioner, the amount of compensation shall nevertheless be paid into court or to the clerk thereof, for the use of the owner or owners of the property condemned or affected before such petitioner shall have the right to take possession of and use said property so condemned or affected; and such compensation may be paid to such owner or owners, at any time before the determination of such appeal or writ of error, upon the execution and delivery of a good and sufficient bond by such owner or owners, with good and sufficient surety or sureties to be approved by said court or judge, in a sum double the amount of such compensation, conditioned that such owner or owners will pay and refund to such petitioner all, or such part of said sum as said owner or owners may be required or adjudged to pay said petitioner, together with the cost of said appeal or writ of error.

1072. SEC. 15. Payment of compensation adjudged may in all cases be made to the court or the clerk thereof, who shall on demand, pay the same to the party entitled thereto, taking receipt therefor; or payment may be made to the party entitled thereto, his, her or their conservator or guardian.

1073. SEC. 16. The court or judge shall cause the verdict of the jury and the judgment of the court to be entered upon the records of said court.

1074. SEC. 17. In estimating the value of all property actually taken, the true and actual value thereof at the time of the appraisement shall be allowed and awarded, and no deduction therefrom shall be allowed for any benefit to the residue of said property; but in estimating damages occasioned to other portions of claimant's property, or any part thereof other than that actually taken, the value of the benefits if any, may be deducted therefrom; provided, how

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ever, that in all cases the owner or owners shall receive the full and actual value of all property actually taken, and in case the benefit to the property not actually taken exceed the damage sustained by the owner to property not actually taken, the owner or owners shall not be required to pay, or allow credit for such excess.

1075. SEC. 18. The report of the commissioners or the verdict of the jury, in every case shall state:

First-An accurate description of the land taken.
Second-The value of the land or property actually

taken.

Third-The damages, if any, to the residue of such land or property; and

Fourth-The amount and value of the benefit.

What shall be
stated in report
of commission-
ers or verdi t
of jury.

Bills of excep

1076. SEC. 19. Bills of exception shall be allowed, signed and sealed by the court or judge, as in cases in law, tion. within such reasonable time as shall be fixed by such court

or judge.

affect accrued or

1077. SEC. 20. All laws and parts of laws in conflict Repeal; not to with the provisions of this act are hereby repealed; but acquired rights. such repeal shall not impair or affect any act done or any right accrued or acquired under the law so repealed, and all proceedings commenced or pending by virtue of the laws so repealed, may be prosecuted and defended to final determination in the same manner and with the same effect as they might under such laws, notwithstanding such repeal. Provided, that this act shall not be construed to repeal any law or part of law upon the same subject passed by this general assembly, but in all such cases this act shall be construed as providing a cumulative remedy. Approved, February 12, 1877.

CHAPTER XXXII.

EVIDENCE.

[Revised Statutes, Chapter XXX.]

1078. SECTION I. The printed statute books of the United States, and of the several states and territories, printed under the authority of such states and territories,

What statute

books and re

the books of reports of decisions of the supreme court and ports of decis. other courts of the United States and of the several states ions are evidence

Certified copies

before justices

of the peace.

and territories, published by authority of such courts, may be read as evidence, in all courts of this state, of such acts and decisions.

1079. SEC. 2. Copies of the proceedings and judgof proceedings ments before justices of the peace, certified by such justice and judgments or justices under their hands and seals, before whom such proceeding or judgment is had, shall be received as evidence of such proceeding or judgment; where such certified copy is to be used in any other county than where the justice resides, the same shall not be received as evidence, unless a certificate from the county clerk be thereto annexed, certifying that on the day the proceeding was had or the judgment rendered, such justice was a justice of the peace, duly commissioned and sworn.

Official certifi

or receiver of land office.

1080. SEC. 3. The official certificate of any register or cate of register receiver of any land office of the United States, to any fact or matter on record in his office, shall be received and held competent to prove the fact as certified. the fact as certified. The certificate of any such register of the entry or purchase of any tract of land within his district, shall be deemed and taken to be evidence of title in the party who made such entry or purchase, or his heirs and assigns; but a patent for land shall be deemed and considered a better legal and paramount title in the patentee, his heirs or assigns, than such register's certificate of entry and purchase of the same land.

Exemplification

state, of laws

1081. SEC. 4. An exemplication by the secretary of by secretary off the state, of the laws of the several states and territories, other states, etc. which may be transmitted by order of the executives or legislatures of such states, to the governor of this state, and by him deposited in the office of the said secretary, shall be admissable as evidence, in any court of this state.

In trials of actions on contracts, not

necessary to prove copartnership, etc.

1082. SEC. 5. In trials of actions upon contracts, expressed or implied, where the action is brought by partners, or by joint payees or obligees, it shall not be necessary for the plaintiff, in order to maintain any such action, to prove the copartnership of the individuals named in such action, or to prove the christain or surnames of such partners, or joint payees or obligees, but the names of such copartners,

Delendant may

ment, or prove

misjoinder

joint payees or obligees shall be presumed to be truly set forth in the declaration, petition or bill: Provided, that plead in abatenothing herein contained shall prevent the defendant from non-joinder or pleading in abatement, as heretofore, or of proving on the trial either that more persons ought to have been made plaintiffs, or that more persons have been made plaintiffs than have a legal right to sue, in which event the defendant's right shall be as at common law.

Proof of partnership or joint

ability not defendant deny

necessary,unless

under oath.

1083. SEC. 6. In action upon contracts, express or implied, against two or more defendants, alleged to have been made or executed by such defendants as partners or joint obligors or payors, proof of the joint liability or partnership of the defendants, or their christain or surnames, shall not in the first instance be required to entitle the plaintiff to judgment, unless such proof shall be rendered necessary by the filing of pleas denying the execution of such writing, verified by affidavit as required by law. 1084. SEC. 7. Copies of all papers, books or proceed- Certified copies ings or parts thereof appertaining to transactions in their records of town coporate capacity, of any town or city now incorporated, or that may hereafter be incorporated under any general or special law of this state, certified to be true copies by the clerk or keeper of the same, under the seal of such town or city, or under the private seal of said clerk or keeper, if there be no public seal, the clerk or keeper also certifying that he is entrusted with the safe-keeping of the original, shall be received as prima facie evidence of the facts so certified in any court in this state.

of books and

or city.

AN ACT CONCERNING EVIDENCE.

[Session Laws, 1870.]

Proof of loss or

written instru

before evidence

1085. SECTION I. That whenever in the progress of any suit in any court in this state, either party thereto, destruction of shall rely for its maintenance or defense, in whole or in ment to be made part, on any deed, bond, note, draft, bill of exchange, letter of contents can or any other writing alleged to have been executed, signed or written by the adverse party,.and to have been lost or destroyed, the party so relying on the same as evidence in

be given.

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