Page:United States Statutes at Large Volume 31.djvu/722

 670 FIFTY·SIXTH CONGRESS. Sess. I. Ch. 810. 1900. . award of damages and assessment of benefits of the jury; and in addition to such public notice said court, whenever in 1ts judgment it is practicable to do so, may cause a copy of said notice to be served by the marshal of the District of Columbia, or his detputies, upon suc owners of the land to be condemned as may be foun by said marshal, _ _ or his deputies, within the District of Columbia. cEg2gg¤I§§¤¤¤¤°¤ 1*** Sec. 6. That after the return of the marshal andthe tiling of proof Jury.of publication of the notice provided for in the dpreceding section, said · court shall cause a jury of seven judicious, isinterested men, not related to any person interested in the fproceedings, and not in the service or employment of the District o Columbia or of the United States, to be summoned by the marshal of the District of Columbia, to which jurors said court shall administer an oath or ailirmation 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 exten-, sion of said street and the condemnation of lands for the purposes of such extension, and assess the benefits resulting therefrom as hereinbefore provided. . The court, before accepting the jury, shall hear any ob`ections that mag be made to any member thereof, and shall have fulll power to deci e upon all such objections, and to excuse any juror or cause any vacancy in the jury, when impaneled to be filled; and after said jury shall have been organized and shall have viewed the premises, said jury· shall proceed, in the presence of the court, if the court shall so direct, 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 interest Verdict in the proceedings for the extension of said street. When the hearing ’ is conc uded the jury, or a majority of them, shall return to said court, in writing, its verdict of the amount to be found due and payable as damages sustained by reason of the extension of said street under the provisions thereof,.and of the- pieces or parcels of land benefited by such ext:-ilnsion and the amount of the assessment for such beneiits against the same. T °°¤*“°*‘°**°°° °* Sec. 7. That if the use of a art only of any iece or arcel of Zidiiiiawiiiisiizexliiitt °f ground shall be condemned, theljury, in determinling its value, shall not take into consideration any benedts that may accrue to the remainder thereof from the extension of said street or highway, but such benefits shall be considered in determining what assessment shall be made on or aglainst such part of such piece or parcel of land as may not be taken as ereinbefore provided. E¤>¢P*i¤¤¤°°¤W¤*d· Sec. 8. That the court shal have power to hear and determine any objections which may be Hled to said verdict or award, and to set aside and vacate the same, in whole or in part, when satisfied that it is unjust or unreasonable, and in such event a new jury shall be summoned, who shall proceed to assess the damages or benefits, as the _ case—may be, in respect of the land as to which the verdict may be §',@“gmm in vacated, as in the case of the first jury: Provided, That if vacated in pm. part, the residue of the verdict and award as to theland condemned or mymit ofutime for assessed shall not be affected thereby: And provided farther, That ng °x°°p °°S’ the excelptions or objections to the verdict and award shall be filed within t i1r·H; days after the return of such verdict and award. m§§e{’m°“‘“? MW Sec. 9. at when the verdict of said jury shall have been finally ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken under the p1·•v1sions hereof shall be paid to the owners of said land by the Treasurer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon the warrant of the Commis-