Page:United States Statutes at Large Volume 32 Part 1.djvu/604

 538 FIFTY-SEVENTH CONGRESS. Sess. I. Cr:. 1329. 1902. the same time, find and assess the said mesne prohts, or the value of said use and occupation and the amount of said damages; and, besides a judgment for the recovery of the property, there shall be rendered a judgment against the defendant for the amount so found by the jury, except in the case provided for in section ten hundred and three hereafter." mT¤r¤&¤¤* of Pl¤i¤**¤ Amend section 1000 by inserting in the third line thereof, after the ii¤1.si,p.1:>.4o. word "property," the words “or interest." _ Amend section 1003 so that it will read as follows: { 1>;~¤¤•¤¢’¤ gkim "Sec. 1003. IMPROVEMENTS.-If at any time before the trial the °ir¤1.li:Y:l:1°1:»°i4.§. defendant shall give notice that if the verdict of the jury shall be in favor of the plaintiH’s title the defendant will claim the benefit of permanent i1n rovements that may have been placed on the plroperty by the defendlint or those under whom he claims, and sha olier GV1- dence at the trial tending to show that he or those under whom he claims had peaceably entered into possession of the premises in controversy under a title which he or they had reason to believe and did believe to be good, and had erected valuable and permanent improvements on said pro rty, which were begun in good faith before the commencement of th; suit, the (jury shall e directed, in case they Hnd in favor of the Plaintiffs title an also find that such (permanent improvements were made by the defendant, or those un er whom he claims, ~g¤¤¤¤¤¤¤¢· under the circumstances aforesaid, to assess- P¤•i¤¤¤’¤ ¤¤¤·u¤¤· “First. The damages of the plaintiff, being the clear value over and above taxes and necessary expenses of the use and occupation of the property, exclusive of said improvements, during the whole period of the occu tion of the same to the date of the verdict, and also any dmnage dldne to the property, by waste or otherwise, by said parties » during said occupation. · I¤1¤¤v¤¤¤¤¤- “Second. The present value of any permanent improvements which may have been placed on the premises y the defendant or those under whom he claims. V ' V¤1¤¢. without i¤¤· "Third. The resent value of the property of the plaintiff without °`°v°m°m°' and exclusive ofllhe said improvements} Amend section 1004 so that it will read as follows: nuigggl 5¤¤‘¥= WW “Sec. 1004. If either party shall feel aggrieved by said assessment vm. si, p.1sm. he may, within four 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 empaneled in the cause to make a new assessment? 'yangciwpzgamnw. Amend section 1031 by adding at the end thereof the words " unless °` ’°'otherwise expressed? {gb;} chg;;;. Amend section 1034 by striking out in the sixth line thereof the ` ’°'word "hirlings" and inserting] in lieu thereof the word "hireings." Amend section 1036 by ad ing at the end thereof the following p¤¤·¤s¤¤p¤=. Emhes Tywlui "All the provisions of this subchapter shall applly to personal prop- .0..%-f° “P"` erty enera ly except where from the nature of the property they are V°‘·‘”·l’· lm ina ggicable. ’ zemend section 1058 so that it will read as follows: J;>¤¢im¤¤r de ¤>¤¤¤ “Sec. 1058. Tresrmoxr mz umm 1:ssE.—The testimony of any witvé1.m,p.1an. ness may be taken in an ·civil cause depending in any court of the District of Columbia, wdether the cause be at issue or not, by deposition de bene esse, under any of the following conditions: u_i\g}it¤e¤sbe>·¤ndDis- "First. \Vhere the witness lives beyond the District of Columbia. Axiom weave. “Second. Where the witness is likely to go out of the United States or be ond the District and not return in time for the trial. i¤¤¤¤. sw- "Tliird. Where the witness is infirm or aged, or for any other reason the party desiring his testimony fear he ma · not be able to secure the same at the time of trial, whether  witness resides within the District or not.