Page:United States Statutes at Large Volume 33 Part 1.djvu/1065

 978 F IFTY-EIGHTH CONGRESS. Sess. lll. Ch. 1109. 1905. of the District of Columbia, sitting as a district coigt, by petition pai dem md! m` demn the land thsd may be necessary for the extension of M street, with a width of ninety feet, from Bladensburg road east to Twenty— eighth street. gs¤j;¤g¤gg!f€<g,Q&°m· Sec. 2. That the entire amount found to be due and awarded as .8 damages for and in respect of the land condemned for the extension of . M street as herein provided shall be assessed by the jury hereinafter provided for as benefits, and to the extent of such benefits, against those pieces or parcels of land on each side of said street as extended and also on any or all pieces or parcels of land which will be benefited by the extension of said street as said jury may find said pieces or rcels of land will be benefited, and in determining the amounts to EZ assessed against said pieces or parcels of lands the jury shall take into consideration the respective situations of such pieces or parcels of land and the benefits they mav severally receive from the extension of said street as aforesaid, and the verdict of said jury shall also be for a sufhcient suntigtg poverjtll the cos}; of tlhe condemnation proceeélings WMM- herein rovi or: rat the remaining portion o any eege’°°¤°n°f°wuds` parcel of land of any party dedicating shall be exempt from any assessment in respect to the cost of condemning any portion of said street that may not be dedicated or from any assessment for benefits _ of the extension of M street. ,,,g,_°*‘°° °‘ *"°°°°°' Sec. 3. That the said court shall cause public notice of not less than Mv¤¤i¤¤¤¤¤¤¢- ten da s to be given of the filin of said roceedings, by advertisement in such manner as the court shed] prescrilbe, which 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 final order ratifying and confirming the award of P°”""'“°‘“'"°*’· damages and assessment of benefits of the jury; and in addition to such public notice said court, whenever in its 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 de uties u n such owners of the land to be condemned as may be found) by said)0 marshal or his deputies within the District of Columbia. iw- Sec. 4. That after the return of the marshal and the filing of proof of publication of the notice provided for in the receding section, said court shall cause a jury o seven judicious, disinterested 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 by the marshal of the District of Columbia, to which jurors said court s all administer an oath or affirmation 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 partiahty, to the best of their judgment, assess the damages each owner of land taken may sustain b reason of the extension of said street and the condemnation of laneis for the purposes of such extension, and assess the benefits resultin therefrom as herein- ¤(§;•¤¤¢ ¤¢ ¤¤J¢¤- before provided. The court, before accepting the jury, shall hear any ` gbjections that may be made to any member thereof, and shall have l power to deci e upon all such objections and to excuse any juror or cause any vacancy in the jury, when empaneled, to be filled; and after said juiéyshall have been organized and shall have viewed the premises, said djlury shall proceed, in the presence of the court, if the court shall so °rect, 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 "'*** in the proceedings for the extension of said street. When the hearing is concluded 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
 * "°°°°‘““§°` '° °°°‘ ticularl describin the lands to be taken, a procee ing in 1'€l]1 to cou