Duty of commissioners.
Section 244
SEC. 244. Duty of commissioners. — Before entering upon the performance of their duties, the commissioners shall take and subscribe an oath before the judge, or clerk, or any justice of the peace for the province, that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. Evidence under oath may be introduced by either party before the commissioners, who are hereby authorized to administer oaths on hearings before them, and the commissioners shall, unless the parties consent to the contrary, go to the premises together and view the property sought to be condemned and its surroundings, and may examine and measure the same, after which either party may, by himself or counsel, or both, argue the cause. The commissioners shall assess the value of the property taken and used, and shall also assess the consequential damages to the property not taken and deduct from such consequential damages the consequential benefits to be derived by the owners from the public use of the land taken, or from the operation of its franchise by the corporation, or by the carrying on of the business of the corporation or person taking the property: Provided, The consequential benefits assessed shall in no case exceed the consequential damage assessed; Provided, further, That nothing in this section shall be so construed as to deprive the owner of the actual value of his property so taken or used.