Page:United States Statutes at Large Volume 31.djvu/1402

 1350 FIFTY-SIXTH‘ CONGRESS. Sess. II. C11. 854. 1901 Third. The present value to the defendant of the property of the _ _ plaintiff without and exclusive of the said improvements. ,';§L§§g€,f“Q_{;§" ""°’“' Sec. 1001. In addition to evidence offered at the trial as to said values, the jury may be directed to view the premises, and their said assessments shall be returned with their verdict and recorded with the —¤rr>€·¤1- same. If either party shall feel aggrieved by said assessment he may, within three days after the verdict, move to set the assessment aside, and the court may, for good cause shown, set the same aside and order another jury to be impaneled in the cause to make a new assessment. gwhsw damages sx- Sec. 1005. If the damages of the plaintiff, assessed as aforesaid, shall eed w alue of improve- . . . meme. exceed the value of said permanent improvements as ascertained by the jury, the plaintiff shall be entitled to a judgment for the excess in like manner as directed in section nine hundred and ni·nety-five aforesaid. —€<1¤=*’- SEo. 1006. If the value of said improvements, so ascertained, shall equal but not exceed the plaintiff’s damages, as found by the jury, the plaintiff shall only be entitled to judgment for the recovery of the property sued for and costs. ··°‘*>°¤°¤ °*Pl¤i“*i“~ Sec. 1007. ELEGT1oN or PLAI}lTIFF.—If the value of said improvements shall be found by the jury to exceed the damages of the plaintifl', the plaintiff may elect either to pay to the defendant the amount of said excess or to demand of the defendant the value of the plaintiffs property, without the improvements, as fixed by the jury, and tender to the defendant a deed for said property, with all the plaintifl"s right, title, and interest in the same. pr§;§$gg{S_ *0* im· Sec. 1008. PAYMENT FOR IMPRCVEMENTS.—If the said plaintiff shall pay to the defendant, within the time fixed therefor by the court, or, in case of his refusal to accept the same, shall pay into court for his use the amount of such excess of the value of said improvements over the damages of the plaintiff, the plaintiff shall be entitled forthwith to a judgment and writ of possession. plfggglgf Of deed by Sec. 1009. TENDER OF DEED BY PLArNTrEE.—~If the (plaintiff shall tender a deed as aforesaid to the defendant and deman the value of his property without the said improvements, as found by the jury. and the defendant shall fail or refuse to pay the same within the time fixed therefor by the court, the plaintiff shall, in like manner, be entitled to a judgment and writ of possession; and in case the plaintiff shall be a minor, the court may authorize said deed to be executed by his guardian. ,e;l]g<;gI;><=¤* M de- Sec. 1010. JUDGMENT FOR DEFENDANT.——If the plaintiff shall fail or ' refuse either to pay the defendant the excess of the value of the improvements over the amount of the plaintiff’s damages, or to tender a deed to the defendant, as aforesaid, and accept from him the value of the plaintifl"’s property, exclusive of the improvements, as aforesaid, ' the defendant may pay said value into court for the use of the plaintiff, and thereupon the defendant shall be entitled to a judgment in his favor, but without costs, which judgment shall be a bar to any future action by the plaintiff against the defendant to recover said property for cause theretofore existing. CHAPTER TWENTY-FoUR. SUBCHAPTER ONE. E¤m·=¤· _ ESTATES. ,,;g§}“t"S‘“‘°Sl“ DiS` Sec. 1011. IVHAT ESTATES IN D1sTR1GT.—Estates in land in the District shall be estates of inheritance, estates for life, estates for years, estates at will, and estates by sufferance. FEB Simple "*·°°‘€S· Sec. 1012. FEE SIMPLE ESTATES.—All estates of inheritance, including spch as were formerly estates tail, shall be adjudged estates in fee simp e.