Page:United States Statutes at Large Volume 33 Part 1.djvu/339

 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 1423. 1904. 251 commission, which shall be signed and sworn to, for an allowance of damages, and upon the failure of any such owner to thus present his claim, within said period, his said right shall cease and determine: Pro- f,’,.,T’,,f§,,. 0, ,,,,8,,,, vided, That all infants or other persons under le l disability whose Nv-" property has been affected by such change of grad: shall be cited by the court to appear, and the court shall appoint a uardian ad litem for every such person, whose duty it shall be to tile the petition aforesaid in behalf of the person for whom he is appointed guardian ad litem, within sixty days from the date of his appointment, and u on his failure so to do the right of such person to present a claim {br damages shall cease and determine. _ Sec. 4. That when said commission shall have made an ap raise- ,,,fj§,’,§é,,‘{f"·~ °* “¥" ment the same shall be filed with the court and a true copy thereof e submitted to the Commissioners of the District of Columbia. Sec. 5. That if any of the parties interested, their personal repre- p,‘L'{§Yt°°°“”°°’“" sentatives, or the guardians ad litem who may be a pointed for any such parties who may be under legal disability, or tlije Commissioners of the District of Columbia shall be dissatisfied with any appraisement of said commission, the court shall, on the motion of the party so dissatisiied, direct the United States marshal to summon a jury of seven disinterested men, not related to any person in interest, to meet and view the property alleged to have been damaged as aforesaid, `ving the parties interested at least six days’ notice of the time and pgzlce of _ meeting. The said marshal shall summon a jury and administer an D““°* °H“"‘ oath to them that they will, without favor or partiality to anyone, to the best of their judgment, appraise and determine the amount of dama s to which each owner of any such property so affected by chan e ofcgrade may be entitled and in every appraisement of damages the commission, or jury, as the case may be, shall take into consideration any benefits that mady have accrued to any such property by reason of the location of said terminal station in proximity to the property alleged to have been damaged. _ Sec. 6. That the said jury, after having viewed the property alleged w"""' to have been damaged, heard testimony offered by the parties interested, and appraised and determined the damages, shall make out a written verdict, to be signed by them, or a majority of them, and attested by the marshal, who shall return the same to the court, and a copy thereof to the Commissioners of the District of Columbia; that said verdict, _ when confirmed by the court, shall be final. The verdict of the jury ]"‘°°"°l°“‘ may be excepted to by any party interested or by the Commissioners of the District of Columbia, and may be set aside by the court for good reasons, and a new jury directed to be summoned. _ Sec. 7. That the members of said commission and the jlprors sum- ,,,,(?$',i‘,,*,§$’“”°“‘·‘“ l°’ moned by the marshal under the provisions of this Act, s all receive for their services, when actually employed, the sum of five dollars a day. A sufficient sum to pay the compensation and expenses of said A¤P*'°P**·**°¤- commission and the compensation of said jurors and the amount of such appraisements or awards of damages is hereby appropriated out _ of the revenues of the District of Co umbia, an 6 ty per centum N§;l,{,e§¤*¤* ”¤“"*°* thereof shall be refunded to said District of Columbia by the United ' States. _ Sec. 8. That the provisions of section five of the aforesaid Act of ,,,?§l‘§,f°° "”°"”i°” Congress relative to damages from changes in grade, and all parts of j°l· "· P- 9**- said Act inconsistent with the provisions hereo, are hereby repealed. Approved, April 22, 1904. _