Page:United States Statutes at Large Volume 33 Part 1.djvu/1126

 FIFTY-EIGHTH CONGRESS. Sess. HI. C11. 1469. 1905. 1039 decide upon al1_ 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 orglamzed and shall have viewed the premises, said jury shall proceed, 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 may be offered or submitted on behalf of the District of Columbia and by any person or persons having] any interest in the proceedin s for the extension of said street. en the hearing is concluded the V°¤“°'— 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 damages sustained by reason of the extension of said street under the provisions thereof, and of the pieces or parcels of land benefited by such extension and the amount of the assessment for such benefits against the same, including its proportionate share of the cost of the condemnation procetédings hmiein prgvided for. 1:o. 5. ati theuse ofa rtonl of an iece or rcel of round D°‘°”’“°*¤¤ "°‘“° shall be condemned, the juryfin deteyrmininbglits valudza shall ngt take ofpms of lm` into consideration any benefits that may accrue to the remainder thereof from the extension of said street or highway, but such benefits shall be considered in determining what assessment shall be made on or against such part of such iece or parcel of land as may not be taken as hereinbefore provided. Sno, 6. That the court shall have power to hear and determine an Review of verdict objections which may be filed to said verdict or award and to set asidh ' 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 summonedimwho shall proceed to assess the damages or benefits, as the case may, in respe? of the land as to which tpleuveiédict may be vacateld, as ilu the _ caseo te rsfury:, ti vaca in rt,teresi ueof · the verdict and hward as to the land condemned oi?. assessed shall not vviitmonuvamm in be affected thereby: And provided further, That the exceptions or mm °*°°l’“°"‘~ objections to the verdict and award shall be filed within thirty days after the return of such verdict and award. Sec. 7. That when the verdict of said jury shall have been finally P“Y“‘°“’°*““’“""· 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 shall 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 Disgmct, out of the revenues of the District of Colum- A M, bia; and a sufficie sum to (pay the amounts of said judgments and nad-l’ifl·’i.ven`iiiti·¤.mm awards is hereby appropriate out of the revenues of the District of Columbia. Sec. 8. That when confirmed by the court, the several assessments ,,,E{,‘}L°°“°“ °' “·"°"‘ herein rovided to be made shall severally be a lien upon the land assessed: and shall be collected as special improvement taxes in the District of Columbia, and shall be payable in two equal annual installments, with interest at the rate of ten per centum per annum from and after sixty days after the confirmation of the verdict and award. In all cases of payments the accounting officers shall take into account d£‘Q;‘,"‘§,,j,",§e"},g,§l,gj the assessment for 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 benehts against the part of such lot not taken, and there shall be credited on said assessment the amount of said award not in excess of said assessment. Sec. 9. That said court may allow amendments in form or substance rmcwungs. in any petition, process, record, or proceeding, or in the description of property proposed to be taken, or of property assessed for benefits whenever such amendments will not interfere with the substantial rights of the parties interested.