Page:United States Statutes at Large Volume 33 Part 1.djvu/335

 FIFTY-EIGHTH CONGRESS. Sess. II. C1-1. MIS. 1904. 247 GHAP.1418.—An Act For the extension of Eighth street northwest, or Vilrights ANU 2% 1904- road, District of Columbia. lS‘ MM'] _ [rubiic, xc. 141.] Be it enacted by the Senate and House of Representah}ves of t/we United. . States of America in Congress assembled, That within thirty days £i1i¤t;i1i¤iji>f¤(i»‘i1?§i1iii after the passage of this Act the Commissioners of the District of “m· ,0 ,,0,, Columbia be, and they are hereby, authorized and directed to institute ¤¤¤¤!¤¤<l¤giin the supreme court of the District of Columbia, sitting as a district court, by petition particularly describing the lands to be taken, a proceeding in rem to condemn the land that may be necessary for the extension of Eighth street northwest, otherwise known as Wrights road, District of Columbia, northward to Irving street, through lot four of Todd and Brown’s subdivision, with the full width of sa1d lot. Sec. 2. That the entire amount found to be due and awarded as dama es for and in res ct of the land condemned for the extension of Eighgi street, or Wrigbts road, as herein provided shall be assessed by the jury hereinafter provided as benefits, and to the extent of such benefits against those pieces or parcels of land on each side of said Eighth street, or Wrights road, as extended, and also on any or all pieces or parcels of land which will he benefited by the extension of said Eighth ‘ · street, or lVrights road, as said jury may find said pieces or parcels of land will be benehted; and in determining the amounts to be assessed against said pieces or parcels of land the jury shall take into consideration the respective situations of such pieces or parcels of land and the benefits tw may severally receive from the extension of Eighth street, or rights road, as aforesaid. Sec. 3. That the said court shall cause (public notice of not less than ,uN°¤¤° 0* P¤>°°•>—l· ten days to be given of the filing of said proceedingsicby advertise- K°ém-ummm. ment in such manner as the court shall prescribe, wh 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 iinal order ratifying and confirming the award of damages and assessment of benefits of the jury; and in addi- *’°'”°““‘“°'i“°- tion 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 bv the marshal of the District of Columbia, or his deputies, upon such _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 tiling of proof “"”“*""""*‘ of publication of the notice rovided for in the {preceding section, said court shall cause a jury ol) seven judicious, isinterested 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 b the marshal of the District of Columbia. to ”““°“· which jurors said court shall 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 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 and the condemnation of lands for the pur ses of such extension, and assess the benefits resulting therefrom as hgre- . inbefore provided. The court, before accepting the jury, shall hear mgg¤¤i¤¤ <·f ¤*·5=*<·· any objections that mag be made to any member thereof, and shall have full power to deci e upon all such objections, and to excuse anv juror or cause any vacanc in the jury, when impaneled, to be filled; and after said jury shall liave been organized and shall have viewed the premises, said jury shall proceed, in the presence of the court, if the court shall so direct, or otherwiseas 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