Page:United States Statutes at Large Volume 12.djvu/431

 THIRTY—SEVENTH CONGRESS. Sess. II. Ch. 77. 1862. 401 selves aggrieved by such valuation and assessment, and shall, within thirty days after the payment of the valuation so offered as aforesaid, notify to the said trustees the same in writing, it shall and may be lawful, and it shall be the duty of the said trustees, or a majority of them, to issue their warrant to the marshal of the District of Columbia, commanding him to summon a jury of six freeholders of the school district, not interested Proceedings. iu the matter, to appear, on a. day by the said trustees to be appointed, on the premises; and any one of the said trustees, or any justice of the peace of the said county, is authorized to administer an oath or affirmation, as the case may be, to each and every person so summoned as aforesaid, that he will, without favor, aifection, partiality, or prejudice, assess the damages sustained by the person or persons at whose request the said inquisition shall be taken, by reason of his, her, or their land and improvements, if any, about to be made as aforesaid, and the persons so summoned and qualified as aforesaid shall thereupon proceed to value and assess the damages accordingly: Provided, That if such appeal from the assessment and valuation of the said trustees be confirmed by the jury herein directed to be summoned and qualified as aforesaid, or should the same be reduced to a lower rate of valuation and assessment by the said jury, the party appealing in that case shall pay the whole expense incurred thereby, otherwise the trustees, in their corporate character as such, shall pay the expense incurred by reason of such appeal. Sec. 27. And be it further enacted, That the said trustees or the said Pr¤¢¤¤di¤§¤ of jury, as the case may be, immediately after they shall have completed ;$;°‘;“b';'l,‘;_ their valuation and assessment or inquisition, as aforesaid, and done all corded. things required of them, or either of them, as the case may be, under the provisions of this act, shall make out a fair statement of their proceedings, setting forth in the same a full and distinct description of the land or real estate and improvements, if any thereon, as valued by them or either of them, as the case may be, and all matters and things connected with the said valuation and assessment, and the performance of the duties required of them by this act, and to the said copy, fairly to be written out as aforesaid, they shall subscribe their names and thereunto affix their seals, and they shall deposit the same in the office of the clerk of the circuit court of the District of Columbia, and it shall be the duty of the said clerk to preserve a record of the said proceedings without tee or reward; and a copy of such record, certified by the said clerk under the seal of the said court, shall be evidence of all matters therein stated, in the same manner as certified copies of other records are evidence. Sso. 28. And be it further enacted, That in the event of an appeal { Ut§°¤ P*Hm°¤* . ._. . . . . . or e lan and the mquxsmon of a jury, as provided by this act, the amount ot dam- School district to ages for the land or real estate and improvements so valued and assessed own it in fee. as aforesaid, being paid or offered to be paid as aforesaid, the said trustees, in their corporate character as aforesaid, shall thenceforward forever thereafter be considered the lawful owners of the said land and improvements as aibresaid, and all right, title, interest, and estate therein, at law or in equity, shall be vested in the said trustees for the purpose aforesaid: Provided, That it shall not be lawful to locate the said School-houses site in the orchard or garden, nor within three hundred yards of any :Q£hz&b§¤£l“°°d dwelling of any person or persons whatever, without the assent of the ° proprietor of such orchard, garden, or dwelling, as the case may be. Sec. 29. And be it further enacted, That if any treasurer or collector, Penalty on having any school iunds in his hands, or neglecting or refusing to obtain fg; D such timds as by law authorized and directed, shall refuse to pay for two 1m°fd,,t),_ °g` weeks any order of the said commissioners or trustees, or a. majority of either, drawn in conformity to the requisitions of this act, such treasurer or collector shall be liable, on proof thereof before any court of justice or justice of the peace having cognizance, and without stay of execution, to pay the full amount of said order and interest thereon, at the rate of v01.. xu. Pms.—51