Page:United States Statutes at Large Volume 31.djvu/718

 666 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 809. 1900. by petition, particularly describing the lands to be taken, a proceeding in rem to condemn the land that inay be necessar for the extension of Columbia road east of Thirteenth street, througlli block twenty-three of Columbia Heights, with a width of sixty feet, so that the western terminus of Steugen street will be connected in a direct manner with the eastern terminus of Columbia road as now located west of Thirteenth i street. _  ,, A¤¤¢¤¤m¢¤*¤ *0* Sec. 2. That of the amount found to be due and awarded as dama es i]1li?il»ll>;l§fii;ist abut' for and in respect of the land condemned for the extension of Coli§m— bia road as herein provided, such a1nount thereof shall be assessed by the jury hereinafter provided as benehts, and to the extent of such benefits, against those pieces or parcels of land on each side of said Columbia road as extended through block twenty-three of Columbia Heights, and also on any or all pieces or parcels of land which will be benefited by the extension of sa1d Columbia road as said jury may find said pieces O1` parcels of land will be beneiited; and in determining the amounts to be assessed against said pieces or parcels of land the jury shall take into consideration the respective situations of such pieces or parcels of land and the benefits they may severally receive from the §*‘¢?*"1*Q· extension of Columbia road as aforesaid: Provided, That if the aggreegection of award, . . . em. gate amount of the benefits to be assessed, as detern11ned by said jury pursuant to the provisions hereof, is less than one-half of the amount of the damages awarded for and in respect of the land condemned, the Commissioners of the District of Columbia may, in their discretion., reject the award and assessment of said jury, and all proceedings hereunder shall be null and void. . Pr§&*;$§¤gg_“l*¤g °‘ Sec. 3. That the said court shall cause (public notice of not less than _ ten days to be given of the filing of said proceedinlgs, by advertisement in such manner as the court shall prescribe, w ich notice shall warn all persons having any interest in the proceedings to attend court at a day to be named in said notice and to continue in attendance until the court shall have made its Hnal order ratifyin and confirming the award of damages and assessment of benefits ofg the jur ; and in addition to such (public notice said court, whenever in its judlgment ” it is practicable to 0 so, may cause a copy of said notice to be served by the marshal of the District of Columbia, or his deputies, upon such owners of the land to be condemned as may be found by said marsl~-xl, or his deputies, within the District of Columbia. ‘ _ ,,,,,,°,‘§}*,§l§,‘f‘““‘l°“ pm Sec. 4. That after the return of the marshal and the filing of ;·;.»of of publication of the notice Provided for in the (preceding section, said court shall cause a jury o seven judicious, isinterested men, not related to any person interested in the proceedings, and not in the service or employment of the District of Columbia or of the United States, to be summoned bg the marshal of the District of Columbia, to which jurors said court S all administer an oath or aflirmation that they are not interested in any manner in the land to be condemned nor are in any way related to the parties interested therein, and that they will, without favor or partiality, to the best of their judgment, assess the damages each owner of land taken may sustain by reason of the extension of said street and the condemnation of lan s for the purposes of such extension, and assess the benefits resultin therefrom as hereinbefore provided. The court, before accepting tie jury, shall hear any objections that may be made to an member thereof, and shall have full power to decide upon all such objections, and to excuse any juror or cause any vacancy in the jury, when impaneled, to be Hlled; and after said jury shal `have been organized and shall have viewed the premises, saidajury shall proceed, in the presence of the court, if the court shall so irect, or otherwise as the court may direct, to hear and receive such evidence as may be offered or submitted on behalf of the District of Columbia and by any person or persons having any inter-