Page:United States Statutes at Large Volume 33 Part 1.djvu/1125

 · 1038 FIFTY-EIGHTH CONGRESS. Sass; III. Ch. 1469. 1905. M¤¤>h3.1905· CHAP. 1469.-An Act For the extension of Rittenhouse street, and for other [u. a. issm.] purposes_ - bllc, N0. 212. ‘ [Pu ] Be it enacted by the Senate and [{0use of Rq2resentaté*ves of the United Di ¤*i¢¢s>f Cmumbia- States af America in Congress assembled, That within twenty days after n.§;;°¤'iTQ%i.°fmm“_ the dedication to the District of Columbia of at least two-thirds of the d,m$‘° "°“‘ land necessary for the extension of Rittenhouse street as hereinafter ` described the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute in the supreme court of the District of Columbia sitting as a district court, by petition particularl describing the lands to be taken, a proceeding in rem to condemn tile land that may be necessary for the extension of Rittenhouse street, with a width of ninety feet, from Broad Branch road westward to the District line, said street being shown on the permanent system of highwa plans about seven hundred feet north of a line passing east and west through the center of Chevy Chase circle. _ A¤:::¤B¤:¤*:gs¤m· Sec. 2. That the` entire amount found to be due and awarded as MMdamages for and in respect of the land condemned for the extension of Rittenhouse street as herein provided shall be assessed by the jury hereinafter provided for as benefits, and to the extent of suc 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 parcels of land will be benefited, and in determining the amounts to be 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 may severally receive from the extension of said street as aforesaid, and the verdict of said jury shall also be for a. sufficient sum to cover all the costs of the condemnation proceedings mgm herein provided for: Provided, That the remaining portion of any ` 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 Rittenhouse street. mg'g“°° °' P’°°°°‘*· Sec. 3. That the said court shall cause public notice of not less than Advertisement. ten da s to be given of the filin of said proceedings, by advertisement in such, manner as the court shall prescribe 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 damages and assessment of benefits of the jury; and in addition to such pu lic notice said court, whenever in its judgment it is practicable to do so, may cause a copy of said notice to be served b r the marshal of the District of Columbia or his de uties u on such owners of the land to be condemned as may be found) by said) marshal or his deputies within the District of Columbia. Jury- Sec. 4. That after the return of the marshal and the filing of proof of publication of the notice provided for in the preceding section, said court shall cause a jury of seven udicious, 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 aiiirmation that they are not interested in anly manner in the land to be condemned nor are in any way related to t c 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 extension of said street andthe condemnation of lands for the purposes of such exten» H I _ sion. and assess the benetits resultin therefrom as hereinbefore prom,,,‘§_““‘ ° °"’°“’ vided. The court, before accepting the jury, shall hear any objections · that may be made to any member thereof, and shall have full power to