Cent. Pac. R.R. v. Pearson

Citations

• 35 Cal. 247

Syllabus

<p>Bill of Exceptions.—A bill of exceptions must be reduced to writing and settled ' by the Judge immediately upon taking the exception.</p> <p>New Trial in Proceedings to Condemn Land.—The provisions of the Practice Act in relation to new trials have no application to a motion to set aside the report of Commissioners appointed to assess damages for taking land for public uses.</p> <p>Report of Commissioners to Assess Damage for Taking Land. — The report of Commissioners, appointed by the Court to assess damages for taking land for public uses, should show upon its face a strict compliance on the part of the Commissioners with the provisions of the statute, and the rules of law applicable to the several questions which may arise in the progress of the investigation.</p> <p>Idem.—Commissioners appointed to assess damages for taking land for public uses exercise a special delegated power, and their report should show upon its face that they have acted in the appointed mode.</p> <p>Review of Report Assessing Damage for Taking Land.—The review by the Court of the report of Commissioners appointed to assess damages for taking land for public uses, is intended to be had upon the report itself, so far as all matters which should be stated there are concerned, and not upon bills of exceptions or statements.</p> <p>Setting Aside or Amending Report of Commissioners.—If the report of Commissioners, appointed to assess damages for taking land for public uses, does not show fully what the proceedings before the Commissioners were, it should be set aside for that reason, or sent back to the Commissioners for amendment. The Court has power to compel the Commissioners to amend their report.</p> <p>Idem. — If good cause exist for setting aside such report, ■ outside of the report itself, such as fraud, or misconduct of the Commissioners, it may be shown by affidavits or other competent evidence, or in any legal mode which the Court may prescribe. ^</p> <p>Amendment to Report of Comm