Page:United States Statutes at Large Volume 31.djvu/579

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 527 or judgment in the proceedings, the court or any judge thereof at chambers, upon application of the plaintiifs, shall have power to make an order that upon payment into court for the defendant entitled thereto of the amount of damages assessed, either by the commissioners or by the jury, as the case may be, the plaintiff be authorized, if already in possession of the property of such defendant sought to be appropriated, to continue in suc possession; or, if not in possession, t at the plaintiff be authorized to take possession of such propert and use and possess the same during the pendency and until the finalvconclusion of the proceedings and itigation; an that all actions and proceedin s against the plaintiff on account thereof be stayed until such time: §·’mvided, however, Where an appeal is taken by such defendant, Bondthe court or judge may in its or his iscretion require the plaintiff, before continuing or taking such possession, in addition to payin into court the amount of damages assessed, to give a bond or undertaglxin , with sufficient sureties, to be approved by the judge, and to bein sugi sum as the court or judge may direct, conditioned to pay defendant any additional damages and costs over and above the amount assessed, which it may finally be determined that defendant is entitled to fo1· the appropriation of the propertly, and all damages which defendant may sustain if for any cause suc property shall not be finally taken for public uses. The amount assessed as damages by the commissioners, or by the jur on appeal, as the case may be, shall be taken and considered, for the purposes of this section, until reassessed or changed in the further proceedings, as just compensation for the property appropriated; but the plaintiff, by payment into court of the amount assessed, or by {giving security, as above provided, shall not be thereby prevente or precluded from appealing from such assessment, but may apppal in the same manner and with the same eifect as if no ` money had een deposited or security given; and in all cases where ` the plaintiff deposits the amount of the assessment and continues in possession or takes plossession of the property, as herein lprovided, the efendant entitled thereto, if there be no dispute as to the ownership of_ the propert , may at any time demand an receive from- the court the money so deposited, and shall not by such demand or receipt be barred or concluded from his right of appeal from such assessment, · but may, notwithstandin , take and prosecute such appeal from such , . assessment: Provided, If. the amount of such assessment is finally °v‘駒·bg°(§uj,‘;’g§a°f,§ reduced on appeal by either party, such defendant who has received messed. ew. the amount of the assessment deposited shall be liable to theplaintiff for any excess of the amount so received by him over the amount finally assessed, with legal interest on such excess from the time such defendant received the money de sited, and the same maybe recovefed by action: And provided jKi;·the¢·, Upon any appea from the Avv¢¤·1.¤¤=~ assessment of damages bly the commissioners-or a jury, the jury may find as compensation or amages a less as well as an equal or greater amount than that assessed by the commissioners. Sec. 223. Costs may be allowed, or, if not so allowed, may be so P¤1=¤¤¤*> <>f ¢<>¤¢¤· apportioned between the parties on the same or adverse sides, in- the discretionof the court. ‘ Sec. 224. Except as otherwise provided in this chapter, the provi- 1<¤1~=>¤¤fv¤¤¤¢i<=¤· sions of title two of this Act are applicable to and constitute the rules of practice of the proceedings mentioned in this Act.