Page:United States Statutes at Large Volume 31.djvu/1318

 1266 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. under disability, the court shall give public notice of the time at which vsglllproceed  me matter of condemnatioéi; agd sitlstuch Enf, if 1 s a appear a ere are any ersons un er isa 1 1 y w 0 ave appeared or who have not appeared? the court shall appointa guardian ad litem for each such person, and shall thereupon proceed to appoint three capable and dismterested COIDHIISSIOIIGPS to appraxse the value of the respective interests of all persons concerned in such lands, under such regulations as to notice and hearing as shall seem meet. C°¤d"m“**“°” and SEC 486 CONDEMNATION AND PAYMENT —Such commissioners shall payment- ‘ ‘ · . ‘ . . _ ghireupon, after tkileing duly sworg flpr the,lproper performapge cgi threiji u ies examine e preimses an ear e persons in in re o may appear before them, and return their appraisement of the yalue of the interests of all (persons, respectively, in such land; and when such report, or the ver ict of the jury hereinafter provided fo1·, shall be confirmed by the court, the President of the United States, in cases of condemnation for the use of the .United States, shall, 1f he thnnlgs the public interest requires it, cause payment to be made out o the money appropriated by Congress therefor to the respective persons entitled, according to the judgment of the court; and in case any of such persons are under disability or. can not be found, gr negjepfg to receive the payment the money to be paid to any of them s a be deposited in the Tresury to their credit, unless there be some person lawfully authorized to receive the same Ender tjlie directionbof the court· and when such payments are so ma e or the amounts e onging td persons to whom payment shall not lie made are so deposited, the said lands shall be deemed to be condemned and taken by the United States for the public use. Jury. Sec. 487. JURY.———If any of the parties interested, or the guardian ad litem appointed for any such person who may be under a disability, shall be dissatisfied with the appraisement of the commissioners, the marshal shall be directed to summon a jury of seven disinterested men, not related to anyone interested, to meet and view the premises, giving the parties interested at least six days’ notice of the time and place of meeting. _ _ ..0am 0:. Sec. 488. BENEFITS.-·—·Tl1B marshal shall summon the jury and administer an oath to them that they will, without favor or partiality to any- one, to the best of their judgment, decide what damage each owner will sustain by reason of the taking of his_land for any of the objects Beams. aforesaid. In making their decision, the jury shall take into_cons1d- eration, whenever a part only is taken, the benefit to the remainder of the tract, andrihall givip their jgerdict accolridinglya d f h ’»’<>r¤i<>t- Sec. 489. e jury aving een u on the premises an a ter earin the arties, having assessed the (Erma es, shall make oiut a written gd` t Boob i ed by them or a major%ty of them and attested by ver 10 e s gn 1 _ the mafshal, who shall returnithe same to the court,1 whege it shall be recorded. The verdict of the jury may be excepte to y any party interested, and may be set aside by the court for good reasons, a-nd a new jury directed to be summoned. _ _ _ Payment. Sec. 490. If the iinding of the comm1ssioners to appraise should not be objected to by the parties interested, and, in cases of condemnation for the use of the District, the Commissioners of the District are satisned therewith, or if the verdict of the jury is confirmed by the court and is satisfactory to the Commissioners of the District the said Commissioners sgall pay Ehe amojimt aysgamed by the jmily out of the approriation ma e there or or eposi e same in V e same manner as directed in section four, hundred and eighty-six, aforesaid, and thereupon the land condemned shall become and be the property of the District. mggiggggj jglljgczmj Sec. 491. It shall be optional with the Commissioners to abide by `·s§a1m,€m. P the verdict of the jury and occupy the land appraised by them, or abandon the same, without being iable to damage therefor.