SEC. 589. The court shall have power:

Power of the court under

First. To regulate and determine the place and manner of making connections and crossings; of enjoying this act. the common use mentioned in the fifth sub-division of section 582.

Second. To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor.

Third. To determine the respective rights of different parties seeking condemnation of the same property. SEC. 590. The court, jury, or referee, must hear such legal testimony as may be offered by any other of the parties to the proceedings, and thereupon must ascertain and assess:

First. The value of the property sought to be condemned, and all improvements thereon pertaining to the realty, and of each and every separate estate or interest therein; if it consists of different parcels, the value of each parcel and each estate or interest therein shall be separately assessed.

Second. If the property sought to be condemned constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned, by reason of its severance from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff.

Third. Separately, how much the portion not sought to be condemned, and each estate or interest therein, will be benefitted, if at all, by the construction of the improvement proposed by the plaintiff'; and if the benefit shall be equal to the damages assessed under sub-division. two, the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit shall be less than the damages so assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value.

Fourth. If the property sought to be condemned be

Legal testiby any party

mony offered

to be heard.

Facts to be

ascerta in ed

and assess

ments made.

Measure

of

damages to be

fixed at value

of property at

time summons issues,

Plaintiff may

institute a

second action

title.

for a railroad, the cost of good and sufficient fences along the line of such railroad, and the cost of cattle guards where fences may cross the line of such railroad.

Fifth. As far as practicable, compensation must be assessed for each source of damage separately.

SEC. 591. For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the summons, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where such damages are allowed as provided in section 590.

If an order be made letting the plaintiff into possession, as provided in section 596, the compensation and damages awarded shall draw lawful interest from the date of such order. No improvements put upon the property subsequent to the date of the service of summons shall be included in the assessment of compensation or damages.

SEC. 592. If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the same, as in this title prescribed.

SEC. 593. The plaintiff must, within thirty days after final judgment, pay the sum of money assessed; but may, at the time of or before payment, elect to build the fences and cattle guards, and if he so elect, shall exwithin limit- ecute to the defendant a bond, with sureties to be apassessment of proved by the court, in double the assessed costs of the

Plaintiff must

ed time pay

damages or

necessary improvements.

make the same, to build such fences and cattle guards within eighteen months from the time the railroad is built on the land taken, and if such bond be given, need not pay the costs of such fences and cattle guards. In an action on such bond the plaintiff may recover reasonable attorney's fees.

Of payment to defendants

SEC. 594. Payment may be made 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 cannot be made on execution, the court, upon a showing to that effect, must set aside and annul the entire proceedings and restore possession of the property to the defendant, if possession has been taken by the plaintiff.

If money not

paid defendexecution as

ant may have

in civil cases.

SEC. 595. When payments have been made and the bond given, if the plaintiff elects to give one, as required by the last two sections, the court must make a final order of condemnation, which must describe the prop- Final order of erty condemned and the purpose of such condemnation. condemnaA copy of the order must be filed in the office of the recorder of the county, and thereupon the property described therein shall vest in the plaintiff for the purposes therein specified.

tion.

Of the possession by plain

SEC. 596. At any time after service of summons the court may authorize the plaintiff, if already in possession, to continue therein; and if not, then to take possession of and use the property during the pendency and until the final conclusion of such proceedings, and may stay all actions and proceedings against the plaintiff on account thereof; but the plaintiff must give security, to tiff. be approved by such court or judge, to pay as well the compensation in that behalf, when ascertained, as all damages which may be sustained by the defendant, if for any cause the property shall not be finally taken for public use.

Allowance of

SEC. 597. Costs may be allowed or not, and if allowed, may be apportioned between the parties on the costs under same or adverse sides, in the discretion of the court.

TITLE XV.

CHAPTER I.-General Principles of Evidence.

SEC. 598. The direct evidence of one witness, who is

this chapter.

Sufficiency of

entitled to full credit, is sufficient for proof of any fact, evidence. except perjury and treason.

Facts to which wit

ness can testify.

Witness

ex

amined un

der oath and

in presence of

all parties.

Presumptions in favor of witness.

SEC. 599. A witness can testify of those facts only which he knows of his own knowledge-that is, which are derived from his own perceptions-except in those few express cases in which his opinions or inferences, or the declarations of others, are admissible.

SEC. 600. A witness can be heard only upon oath or affirmation, and upon a trial he can be heard only in the presence, and subject to the examination, of all the parties, if they choose to attend and examine.

SEC. 601. A witness is presumed to speak the truth. This presumption, however, may be repelled by the manner in which he testifies, by the character of his testimony, or by evidence affecting his character for truth, honesty, or integrity, or his motives, or by contradictory evidence, and the jury are the exclusive judges of his credibility. SEC. 602. The rights of a party cannot be prejudiced by the declaration, act, or omission of another, except by another virtue of a particular relation between them; therefore, proceedings against one cannot affect another.

Rights of par

ty not preju

diced by de

clarations of

party.

Admissions of person

holding title

to real prop

erty evidence

against his

successor in

interest.

Res gesta as evidence.

In dispute between parties tion of third

SEC. 603. Where, however, one derives title to real property from another, the declaration, act, or omission of the latter while holding the title in relation to the property, is evidence against the former.

SEC. 604. Where, also, the declaration, act, or omission forms part of a transaction, which is itself the fact in dispute, or evidence of that fact, such declaration, act, or omission is evidence as part of the transaction.

SEC. 605. And where the question in dispute between over obliga the parties is the obligation or duty of a third person, party, such whatever would be the evidence for or against such son, is prima facie evidence between the parties.

obligation is prima facie

evidence be

tween parties in dispute.

Evidence of

SEC. 606.

per

The declaration, act, or omission of a member of a family, who is a decedent, or out of the jurisdeclaration diction, is also admissible as evidence of common reputation, in cases where, on questions of pedigree, such reputation is admissible.

of member of a family.

Evidence of a decedent against his interest.

SEC. 607. The declaration, act, or omission of a decedent, having sufficient knowledge of the subject, against

his pecuniary interest, is also admissible as evidence to that extent against his successor in interest.

SEC. 608. When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing, which is necessary to make it understood, may also be given in evidence.

SEC. 609. There can be no evidence of the contents of a writing, other than the writing itself, except in the following cases:

First. When the original has been lost or destroyed, in which case proof of the loss or destruction must first be made.

When part

evidence of subject is given in evi

dence the

whole may be

inquired into.

Evidence of

Second. When the original is in the possession of the party against whom the evidence is offered, and he fails contents of to produce it after a reasonable notice.

Third. When the original is a record or other docu

ment in the custody of a public officer.

Fourth. When the original has been recorded and a certified copy of the record is made evidence by this code or other statute.

Fifth. When the original consists of numerous accounts or other documents, which cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole.

In the cases mentioned in sub-divisions three and four, a copy of the original, or of the record, must be produced; in those mentioned in sub-divisions one and two, either a copy or oral evidence of the contents.

SEC. 610. When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and, therefore, there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other than the contents of the writing, except in the following cases:

writing.

of a

Construction agreement.

written