Page:United States Statutes at Large Volume 33 Part 1.djvu/1090

 FIFTY-EIGHTH CONGRESS. Sess. Ill. Ch. 1435. 1905. 1003 from the extension of said street or highway, but such benefits shall be consrdered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not be taken as hereinbefore lilrovided. Sec. 6. That the court shall have power to hear and determine an B°'i°" °*'°¤“°*~ objections which may be filed to said verdict or award, and to set asidb 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, N°"il‘“'Y· who shall proceed to assess the dama es or benefits, as the case may be, in respect of the land as to which as verdict may be vacated, as in the case of the first jury: Havided, That if vacated in part, the residue mi vmm in of the verdict and award as to the land condemned or assessed shall P‘“'*· not be affected thereby: And provided furtlwr, That the exceptions or m“’°“"“’· objections to the verdict and awards all be filed within thirty days _ after the return of such verdict and award. Sm. 7. That when the verdict of said jury shall have been finally P“’"'°"°°"w"°“‘ ratifiedand confirmed by the court, as herein provided, the amounts of money awarded and adjudged to.be payable for lands taken under the provisions hereof shall be paid to the owners ofsaid land by the Treasurer of the United States, ex officio commissioner of thezsinking fund of the District of Columbia, upon the warrant of the Commissioners of said District, out of the revenues of the District of Columbia; and a sufficient sum to pay the amounts of said judgments and awards mevgylggtggzmm is hereby appropriated out of the revenues of the District of Columbia. ` Sec. 8. at when contirmedhibly the court the several assessments couemcncnmss herein provided to be made s severally be a lien upon the land ‘°°"°“‘, and shall be collected as special untprovement taxes in the District of Columbia, and shall befpayable in ve equal annual installments, with interestat the rate 0 four per centum per annum from and after sixty days after the confirmation of the verdict and award. In all cases of yments the accounting officers shall take into account d,fggj,*§;*,;',j;;*;,;*,:· the assessment fbi benefits and the award for damages, and shall pay ` only such part of said award in respect of any lot as may be in excess of the assessment for benefits against the part of such ot not taken, and there shall be credited on said assessment the amount of said award not in excess of said assessment. That said court may allow amendments in form or substance in any *"°°°°'””8'- petition, process, record, or proceeding, or in the descripgion of property proposed to be taken or of property assessed for neiits whenever suc amendments will not interfere with the substantial rights of the parties interested. Sec. 9. That each juror shall receive as compensation the sum of live ,u§::P°”°*“°° °‘ dollars Jer day for his services during the time he shall be actually engag in such services under the provisions hereof. Sec. 10. That the sum of three hundred dollars is hereby appropri- °Aggg**¤**°¤ *°' ated, out of the revenues of the District of Columbia, to provide the ` necessary funds for the costs and expenses of the condemnation proceedings talrlelrlrlpursuant laerlgeto. be wd rt f th d A md k Sec. 11. t no a an in res y rom e ecision P up ° Y of the supreme court gmc lhstrict of Columbigconfirrning the assess- °p°°i:;i°i m°t'm` ment or assessments of benefits or damages herein provided for, nor any other proceeding at law or in equity by such lparty against the confirmation of such assessment or assessments, shal delay or (prevent the a ment of award to others in respect to the property con emned, nor delay or prevent the taking of any of said property sought to be · condemned, nor the opening of such street: Promded, however, That mtdhnu upon the final determination of said alppeal or other proceeding at law cam. or in equity the amount found to be ue and payable as damages sustained by reason of the extension of said street under the provisions hereof shall be paid as hereinbefore provided. Approved, March 3, 1905.