Page:United States Statutes at Large Volume 11.djvu/284

 264 THIRTY-FIFTH CONGRESS. Sess. I. Ch. 10. 1858. ggwgrwméyh of covert, under age; non compos, or out of the District of Columbia, on ap- (,5. gliggialfsytug plication to a judge of th: circuit court ofhsaid Disltricgfthle said éjngge jurymay be shall issue his warrant, un er is ian, to the mars a 0 the said is- "mm°"IPd W trict to summon a jury of eighteen inhabitants of said District not related gigsifuéoa C; to the parties, nor in any manner interested, to meet on the land to be S9? d¤¥¤¤g¢¤· _ valued, at a day to be expressed in the warrant, not less than ten nor sucfggggfngs m more than twenty days thereafter; notice of the time and place of said Notice to own- meeting being first given to the owners of such land or to their legal °"S· representatives, in person if that be practicable, and, if not, by publication in some Washington city newspaper daily for two weeks; and the Mm-swim marshal, upon receiving the said warrant, shall forthwith summon the ¤¤¥¤¤1<]¤ 5*117 said jury, and, when met, shall administer an oath or affirmation to every §(fgl$l%‘é mom juryman who shall appear, being not less than twelve in number, that he will faithfully, justly, and impartially value the land, and all damages the owner thereof shall sustain by cutting the aqueduct through such land, or the partial, or temporary, or permanent appropriation, use, or occupation of such land, according to the best of his skill and judgment; and that in such valuation he will not spare any person for favor or aH`ection, nor any person grieve for malice, hatred, or ill will; and the inquij Inquisition sition thereupon taken shall be signed by the marshal and four fifths of ¤ig¤¤d lay t¤}¤=¤- the said jury, and [be] returned by the marshal to the circuit court for the gl}-Es 3;} ju:,;;;, District of Columioia; aariggunlesg good cause be shogvn against fthe said tube retumedto in uisitiou, it shal be me the court at its rst term a er said gf; regurn and [be] recorded ; but ifQyfrom any cause, no inquisitiou shall be mm, unless, &c_ returned to such court within one month after the commencement of the Court may fii- next ensuing term, the said court [shall], at its discretion, as often as may _ Valuation by prescribed; and upon every such valuation the jury is hereby directed to .£:2'cg£gu;‘:5d°» describe and ascertain the bounds of the land by them valued, and the ' quality and duration of the interest and estate in the same required by the said United States for the use of the aqueduct, and their valuation shall be conclusive on all persons, and shall be paid for by the said United States, or its authorized agent, to the owner of the land, or his, or her, or their legal representative; and, on payment thereof, the said United Estatacf the States shall be seized of such land as of an absolute estate in perpetuity, g;*§;;l1d$*”*°¤ m or with such less quantity and duration of interest or estate in the same, ` or subject to such partial or temporary appropriation, use, or occupation as shall be required and desired as aforesaid, as if conveyed by the owner United _State¤ to the said United States; and whenever, in the construction of the said m“5;;fk°&;;mb';:; aqueduct, or any of the works thereof, reservoirs, dams, ponds, feeders, Ed ,,k_j,w]t_ tunnels, aqueducts, culverts, bridges, or works of any other description whatsoever appurtenant thereto, it shall be necessary to use earth, timber, stone, or gravel, or any other material to be found on any of the lands adjacent or near thereto, and the said United States or their agent cannot procure the same for the works aforesaid by private contract of the proprietor or owner; or in case the owner should be a femme covert or non compos, or under age, or out of the District, the same proceedings, in all respects, shall be had as in the case before mentioned of the assessment and condemnation of the lands required for the said aqueduct or the work YF°Vi¤°· W°Fk appurtenant thereto: Provided, That the work shall not be delayed pendnot to be delayed. . . . . by pmmdmgsm mg any such proceeding in court, but the same shall be continued without court,_ after the obstruction thereby, after the inquisition shall be returned to the court. H‘l‘}_E$l"°“ is "` Sec. 2. And be it further enacted, That it shall and may be lawful for 1,, cm of di,. the United States or its agent, in case of any dispute or difficulty arising gyiigs as todth: cvvrneiship of the land] condemned as above for the! use of said mm t *aque uc or m caset eowner s ou e a emme covert, un er a e non guy, gig-dil of compos, or out of the said District of Columbia, and no persoi ’duly $3*;;; éixfétgg authorized to receive the same, that the United States or its agent be for 1,,;,,; taken_ authorized, by petition to the circuit court for the District of Columbia,
 * l‘§;it?§;lh°r m` be necessary, direct another inquisitiou to be taken in the manner above