Page:United States Statutes at Large Volume 33 Part 1.djvu/341

 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. M2-l. 1904. 253 District of Columbia and by any person or persons having any interest in the roceedings for the extension of said street. · When the hearing V°"“°*· is concluded the 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 proceedings herein provided for. Sec. 5. That if the~use of a part only of any piece or parcel of ofD¤g¤;}*{j)*;g v¤1¤¤¤` ground shall be condemned, the jury, in determining its va ue, shall pa` . not take 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 piece or parcel of land as may not be taken as hereinbefore provided. Sec. 6. That the court shall have power to hear and determine any R**"*°"'°*"°**“°°· objections which may be filed to said verdict or award, and to set aside 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 sum- N€Wj“’Y· moned, who shall proceed to assess the damages or benefits, as the case may be, in respect of the land as to which the verdict may be vacated, as in the case of the first jury: Provided, That if vacated in f,’;*{{![fj,°§,vac8tedin part, the residue of the verdict and award as to the land condemned or psrt assessed shall not be affected thereby: And furtker That the Film! °“°P“°°*’· exceptions or 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 pa able for lands taken under the rovisions 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 District, out of the revenues of the District of Columbia; and a sufficient sum to pay the amounts of said judgments _Ar>pr<>x>ri¤ri<>¤ from and awards is hereby appropriated out of the revenues of the District Duma m°°“°S‘ of Columbia. Sec. 8. That when confirmed by the court, the several assessments m§§ll°°“""°* "”"”‘ herein provided 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 du1f,Q_§'Q,“§,$,;,“g;‘},§,,§§ account 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 benefits 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. That said court may allow amendments in form or substance in any Proceedingspetition, 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. Sec. 9. That each juror shall receive as compensation the sum of five _ €'¤¤¤r>¤¤S¤ti<>¤ of dollars dper day for his services during the time he shall be actually ’°r°”` engage in such services under the provisions hereof. Sec. 10. That the sum of three hundred dollars is hereby appropri- Ax>1>{<>p¤¤ri¤¤ for ated, out of the revenues of the District of Columbia. to provide the ”°"°°°‘