Page:United States Statutes at Large Volume 13.djvu/218

 190 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 156. 1864. $**8 f°i' 6**001- District of Columbia, and shall be final; but if the proprietors of such h°°°°S' land and premises shall, within the said thirty days, notify the said commissioners, in writing, left with the clerk of the levy court, of their dissent from the valuation of such land as made by the said commissioners, or it the land or any part thereof be owned by a minor, femme covert, or person non compos mentis, or if a notice cannot be served, it shall be lawful for the said commissioners, and it is made their duty, by their president and clerk, to issue their warrant to the marshal of the District of Columd&·:*;Y€*° ”$°” bia, commanding him to summon a jury of five freeholders, not interested g B' in the matter, to appear on a day to be appointed by the said commissioners, on the premises, and after having each taken an oath (which the marshal or any one of said commissioners is authorized to administer) that he will, without favor or prejudice, assess the damages sustained by the proprietor of said land by reason of the condemnation of said land by the said commissioners, the jury so qualined shall proceed to value and assess the damages accordingly; and if the amount assessed by the said jury shall not be greater than the amount assessed by the said commissioners, the whole costs of the said appeal shall be chargeable to the appellant, to be paid by the said commissioners, and deducted from the cost of the land in settlement therefor ; otherwise the said board of commissioners shall pay the expenses incurred by reason of such appeal, the marshals and jurors’ fees to be computed according to the act of con- 1863. 106- gress approved March three, eighteen hundred and sixty-three, defining V°]‘X"‘p'799‘ the powersand duties of the levy court. Sec. 13. And be it further enacted, That the said jury, immediately after they shall have completed their inquest and assessed the damages, Vsrdict ¤f i¤¤‘.Y· shall make out a written verdict, setting forth a full and distinct description of the land and premises and the valuation or damages assessed therefor, which shall be signed by them, or a majority of them, and having been attested by the marshal, shall be immediately returned to the clerk of the levy court of the County of Washington, District of Columbia, and shall be final; and the said damages having been paid, or offered to be paid, to the said proprietors, the title to such land shall pass to, and be vested in, “The Board of Commissioners of Primary Schools of Washington County, District of Columbia," and the verdict of the jury shall be recorded in the land records of Washington County, District of Proviso. Columbia.: Provided, That it shall be optional with the said commissioners to abide by said verdict, and occupy the said land, or abandon it without being subject to damages therefor. Sites forschool- Sec. 14. And be ii further enacted, That it shall not be lawful to lo- £;;;;%*£°cz_g?n cate any site for a school-house in any orchard or garden, nor within ,,l,,m_ three hundred yards of any dwelling—house, without the consent of the proprietor of such dwelling-house, and in order to obtain such consent or refusal, thirty days’ notice shall he given to said proprietor by the said commissioners, notifying such proprietor of their intention; and if, within thirty days, no answer is returned to said commissioners by said proprietor, it shall be taken for consent, and the said commissioners may proceed to erect their school-house without let or hindrance. I T!¤¤S¤f¢f Mz- Sec. 15. And be it further enacted, That if the treasurer or collector, Gigs? {gy having any school funds in his hands, or neglecting or refusing to obtain 1iab1e,’&c.; such funds as by law authorized and directed, shall refuse to pay for two weeks any order of the said commissioners drawn in conformity with the requisitions of this act, such treasurer or collector shall be liable, on proof 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 twenty per centum per annum, from ssinscuagmm the first refusal until the day of payment, by way of damages. If any case collect more than is due, the person aggrieved shall have his remedy
 * -l>¤¤ i¤ d¤¤· collector appointed or acting under the provisions of this act shall in any