Page:United States Statutes at Large Volume 33 Part 1.djvu/1098

 FIFTY-EIGHTH CONGRESS. Sess. III. Ch. 1444. 1905. 1011 owners of the land to be condemned as may be found by said marshal, or his deputies, within the District of Columbia. ` 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 of seven judicious, disinterested men, not related to any person interested in the roceedings, 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 shall administer an oath or aflirmation that 1>¤¤¤¤· 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 partia ity, 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 lands for the purposes of such extension, and assess the benefits resulting therefrom _ _ as hereinbefore provided. The court, before accepting the jury, shall ,,f,j"""¥ °' °l"°*" hear any ob`ections that may be made to any member thereof, and ' shall have fuil power to decide 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 roceed, 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 ma be offered or submitted on behalf of the District of Columbia andy by any person or rsons having any interest in the proceedingsfor the extension of saidztreet. When the hearing is concluded, the jury, or a majority of them, shall V°'°*°'~ 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 parcel of landhbebgefitéed by such plxtension and the amount 0 the assessment for suc ne ts a 'nst the same. J Sec. 5. That if gse use of a part only of any piece or parcel of dmqing value ground shall be condemned, the jury, in determining its va ue, shall not take into consideration any benefits that may accrue to the remainder thereof from the extension of said street or highway, but such benefits shall he considered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not he taken as hereinbe ore rovided. Sec. 6. That the court shah) have power to hear and determine any ¤•=r¤¢w of verdlcn objections which may be filed 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 damagles or benefits, as the case may be, in respect of the land as to which the verdict maay be vacated, as in the case of the first jury: Provided, That if vacate in part, the residue of mx;} umm m the verdict and award as to the land condemned or assessed shall not Plflbe affected thereby: And zrovieled furthw, That the exceptions or Flllugexespusas. objections to the verdict and award shall be tiled within thirty days after the return of such verdict and award. Sec. 7. That when the verdict of said jury shall have been finally *’*F¤¤¤°<>*¤W¤f¤¤- ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken under the provisions hereof shal 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 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 Dipprppnyrlon from is hereby a ropriated out of the revenues of the District of Columbia. "° '°`°°“°”‘ Sec. 8. That when confirmed by the court the several assessments Collection ofassess herein provided to be made shall severally be a lien upon the land ”’°“"·