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are to be construed and may be amended, in the same manner, as pleadings in a civil action, and the issues thereby joined must be tried, and the further proceedings thereon had in the same manner, as in a civil action.

§ 1291. Issues joined in the case, must be tried in the county where the material facts set forth in the mandate are alleged to have occurred.

§ 1292. If judgment be given for the plaintiff, he shall recover the damages which he shall have sustained, to be ascertained by the court or a jury, or by referees, as in a civil action, together with costs and charges; and a peremptory mandate must also be awarded without delay.

§ 1293. A recovery of damages by virtue of this chapter, against a party, who shall have made a return to a writ of mandate, is a bar to any other action against the same party, for the making of such return.

§ 1294. Whenever a peremptory mandate is directed to a public officer, body, or board, commanding the performance of any public duty, specially enjoined by law, if it appear to the court that such officer, or any member of such body, or board, has, without just excuse, refused or neglected to perform the duty so enjoined, the court may impose a fine, not exceeding two hundred and fifty dollars, upon every such officer or member of such body or board. Such fine, when collected,

must be paid into the treasury; and the payment thereof is a bar to an action, for any penalty incurred by such officer or member of such body or board, by reason of his refusal or neglect to perform the duty so enjoined.

CHAPTER IV.

THE WRIT OF ASSESSMENT OF DAMAGES.

SECTION 1295. Writ of assessment defined.

1296. When issued.

1297. Sheriff to give notice.

1298. Sheriff to summon jury.

1299. Jury how to proceed.

1300. Inquisition may be set aside.

1301. When duly executed, order to be entered.

1302. Damages paid out of treasury.

1303. Amount paid into supreme court.

1304. Owners may apply therefor.

1305. Like proceedings on property taken for United States.

§ 1295. The writ heretofore known as the writ of ad quod damnum, shall be hereafter denominated the writ of assessment of damages.

See 2 R. S., 566, § 66-76.

§ 1296. Whenever the governor of this state is authorized by law to take possession of real property, within this state, for the use of the people of the state, and he cannot agree with the owner for the purchase thereof, he must cause application to be made for a writ of assessment, which shall thereupon be issued to the sheriff of the county, where such real property is situated, unless the court direct such damages to be assessed by a jury of another county, commanding him to summon

a jury to inquire whether the owners of the property, describing it, will sustain any, and what damage, by the taking of the property for the use of the state.

§ 1297. Upou such writ being delivered to the sheriff, he must give at least three weeks notice of the time and place of executing the same, by publishing a notice thereof in a newspaper printed in his county.

§ 1298. The sheriff must summon twelve qualified jurors in his county, to attend at such time and place, and must then and there administer to each of the jurors an oath, that he will diligently inquire, concerning the matter specified in the writ, and will give a true verdict, according to the best of his judgment.

§ 1299. After the jury shall have been duly sworn, they must proceed to view the property specified in the writ, and having heard the evidence offered, and duly considered the value of the property, they must assess the damages which the owner, or if there be several, which the respective owners, will sustain by being deprived thereof. They must make an inquisition signed by themselves, and by the sheriff, in which they must set forth the names of the several owners of the property, and the rights of each owner respectively, so far as the same can be ascertained by them, together with the amount to be paid therefor by the people of this state, and to whom particularly; which inquisition the

sheriff must forthwith return, together with the writ, to the supreme court.

L § 1300. The court must examine the inquisition, and if the same be partial or defective, may set the same aside, either wholly or in part, and may direct a new inquisition to be taken, to supply such defect.

§ 1301. Whenever the writ appears to have been duly executed, an order must be entered, declaring that the people of this state, on paying to the owner or into the supreme court, the amount assessed in the inquisition for damages, and also the costs and charges of the proceedings, shall be entitled to an absolute estate in such real property, as fully and effectually, as if the same had been conveyed to the people by the owner thereof; and immediately after the payment of such amount, the absolute title to such real property shall be vested in the people of this state.

§ 1302. The amount which may be necessary to pay the damages assessed, and the costs and expenses incurred under the provisions of this chapter, must be paid out of the treasury.

§ 1303. Upon the damages so assessed being paid into the supreme court, the court must make an order for the investment thereof and of the interest thereon, in permanent securities, for the benefit of the owners of the property taken, and must cause such securities to be transferred to them, or the amount of the

money paid over to them, their guardians or legal representatives, whenever their rights are established.

§ 1304. Such owners may, at any time, apply to the supreme court, for the payment to them of such money, or the transfer of such securities: and such proceedings must be had thereon, as are necessary to ascertain the respective rights of the applicants, and to give notice to all persons who may be interested in the property taken, or in the money paid into court.

1305. Whenever any real property shall be taken for the use of the United States, by the consent of the legislature of this state, and it becomes necessary to issue a writ of assessment, the like proceedings must be had, as are provided in this chapter.

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