Page:United States Statutes at Large Volume 27.djvu/560

 _ 534 FIFTY-SECOND CONGRESS. Sess. II. Ch. 197. 1893. °,f_°"°Y° f°¤ Pl·¤¤· SEO. 4. That for the purpose of making surveys for such plans and maps the Commissioners and their agents and employees necessarily engaged in making such surveys are authorized to enter upon- any lands through or on which any projected highway or reservation may run or lie. _“§¤¤=i¤z ¤f stmw. Sec. 5. That the Commissioners of the District of Columbia are au- ' thorized to name all streets, avenues, alleys, and reservations laid out or adopted under the provisions of this act. cm, d°¤>¤¤i¤¤ PW Sec. 6. That within thirty days after any such map shall have been °°' recorded as aforesaid, which shall alter any highway or highways in any then existing subdivision in the area included in such map, or which shall dispense with any highway or highways, or any part thereof, in any such subdivision, the Commissioners of the District of Columbia shall make application to the supreme court of the District of Columbia, holding a special term as a district court of the United States, by written petition, praying the condemnation of a permanent right of way for the public over all the land lying within the limits of such subdivision not already owned by the United States or the District of Columbia, or dedicated to public use as a highway, which shall be ineluded within the highways or reservations laid out by the·Commis— sioncrs and indicated on such map. Upon the filing of such petition the said court in special term shall proceed to condemn a permanent right of way for the public over said land in the manner hereinafter provided. mshqgggetgug- Sec. 7. That as to any highway or highways or part of any highway » align; m ’ or highways laid down upon any such map which shall not lie within the limits of any existing subdivision the Commissioners at any time thereafter, when in their judgment the public convenience shall require remion, ea. the opening of the same or of any part thereof, may make application as aforesaid to the supreme court of the District of Columbia, holding a special term as aforesaid, for the condemnation and opening of the same; and said court in special term as aforesaid shall thereupon proceed in the manner hereinafter provided to condemn a permanent right of way for the public over all the land not already owned by the United States or the District of Columbia, or dedicated to public use as a highway, included within the highway or highways or part of a highway or 1·»-mm. highways described in such application: Provided, That in such case the Hearingaetc. court, after public notice shall have been given as hereinafter directed, shall first hear evidence as to whether the public convenience does in fact require the immediate opening of the highway or highways or part of any highway or highways described in such application, and shall new-¤»i¤m»¤,m. determine that question on the evidence submitted to it; and if the court shall as to any part of the land sought to be condemned decide such question in the negative it shall proceed no further as to such i=·,.,m, ,,,0,.,,,,;. part at that time. And if the court, after such notice and hearing, 1**5* shall determine that the public convenience does not in fact require the immediate opening of any highway or highways or any part thereof described in such application; no further proceedings shall be had under such application. l?¤b1i¤ umm of up- Sec. 8. That when any application shall have been filed in said court "°“°‘°"‘ in special term under the preceding sections of this act said court in special term shall cause public notice of not less than thirty days to be given of such application, in such manner as shall be prescribed by a general rule by said court in general term, which notice shall warn all persons having any interest in the proceedings to attend the court at a day to be named in said notice, and to continue in attendance until the neimg, ea. court shall have made a final order in the premises. Said court in special term, after such notice shall have been given, shall take no further step until the time thereby limited shall have expired. and shall afiord all parties in interest a reasonable opportunity to be heard dur— semce or norm. ing the proceedings. In addition to such public notice said court in . special term, whenever it shall be practicable to do so, shall cause a