Page:United States Statutes at Large Volume 33 Part 1.djvu/340

 252 HFTY-EIGHTH 00NGnEss. sm. 11. 0H. 1424. 1904. Algfil 22L1?04- CHAP. 1424.-Au Act For the extension of Twenty-third street from S street to l · R‘1°m‘] Californian avenue. _[1>¤¤1s¤, xo. 14:.] _ _ Be it enacted by Nw Senate and House of Represenm¢we.9 of the Dhzzted nmmzcsrmiumxm. States of America in Congress assembled, That within thirty days after ‘ ty]f{{§§’Q,"{.Qe‘{f '""*“‘ the passage of this Act the Commissioners of the District of Columbia Pr¤c¤¤di¤‘s¤ ¤¤ wu- be, and they are hereby, authorized and directed to institute in the dum md °r` 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 'I`wenty-third street from S street to California avenue witha uniform width of iift feet. Amggfegg dm- Sec. 2. Tlilat the entire amount found to be due and awarded as dam- °°°S m n °` ages for and in respect of the land condemned for the extension of Twenty-third street as herein provided shall be assessed by the jury hereinafter provided for as beneiits, and to the extent of such benefits, _ against those ioccs or parcels of land on each side of said street as extended, andp also on my or all pieces or parcels of land which will be benefited by the extension of said street as said jurg may find said _ pieces or parcels of land will be benefited, and in etermining the amounts to be assessed against said pieces or- parcels of lands the jury shall take into considerutnou the respective situations of such Fieces or parcels of land and the benefits they may severally receive rom the extension of said street as aforesaid, and the verdict of said jury shall _ also be for 21 sufficient sum be cover all the costs of the condemnation proceedings herein provided for. mglsotice 0* P¤>*=°°d· Srxc. 3. hat the sand court shall cause public notice of not less than Advemsemenr. ten da. *s to be given of the filing of said proceedings, by advertisement in such manner as the court shall prescribe, Whlch 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 mtifyin and confirming the award Pemml ¤°'j°°· of damaaes and assessment of benefits of tlge jury; and in addition to such pub ic notice said court, whenever in its judgment it is practicable to do so, may cause :1 copy of said notice to be served by the marshal of the District of Columbia or his de uties upon such owners of the land to be condemned as may be foundlhy said marshal or his deputies within the District of Columbia. M¤°’**"`*i“’>`· Ssc. 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 0. jury of seven judicious, isintuerested men, not related to any person interested in the Proceedings, and not in the service or employment of the District 0 Columbia or of the United Sum-s. to he-sununoncd by the marshal of the District of Columbia, llmivs- to which jurors said court shall administer an oath or affirmation that they are not interested in uny manner in the land to be condemned nor are in un · way related to the parties interested therein, and that they will, witgout favor or purtiality, to the best of their judgment, assess the damages each owner of land taken muy sustain by reason of the extension of said street and the condemnation of lands for the pur ses t_ H·;»·ri¤z ·>f objcc- of such extension, and assess the benefits resulting therefrom as hire- "" inbcfore provided. The court, before accepting the jury, shall hear unv objections that may be made to any member thereof, and shall have full 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 proceed, in the presence of the court, if the court shall so direct. or otherwise us the court may direct, to hear and receive such evidence as may be offered or submitted on behalf of the