Page:United States Statutes at Large Volume 33 Part 1.djvu/602

 514 FIFTY—EIGHTII CONGRESS. Sess. II. Ch. 1763. 1904. Avgl  CHAP. 1763.-An Act Authorizing the joining of Kalomma avenue. [Public. No- 1%.] Be it enacted by the Senate and House of Rzweaen tatéves of the United Distric, 0, 00mm_ States_'0f_America in Congress assembled, That the Commissioners of bifgxwmmn of K8 10 the District_ of Columbia be, and they are hereby, authorized and mms avenue. directed to join Kalorama avenue, in the C0mmissioners’ subdivision d£g°,‘§’.f"§Q§f,,f° ""“‘ of Washington Heights, through lot one of Little’s subdivision, said joining to include a triangular piece of ground measuring one hundred and eighty-six feet on Co umbia road and one hundred and fifty feet on Nineteenth street extended, the above measurement being taken from the south corner of said lot. Said Commissioners shall, within thirty days from the date of the passage of this Act institute, by petition, proceedings in rem in the supreme court of the District of olpn;bia,kl1oldin(g a district pouxg for the lUnited Stptes fordsaid Distmc, or the con emnation 0 said triangu ar iece o rouu . q*§§‘§;°j,““,§’,,’§,,‘,§Q,_"“”"‘ Sec. 2; That of the amount found to be duegnd awafded as damages for and in respect of the land condemned for the joinin of Kalorama avenue ap hereép providedzxsipch amppntigieregf shajlgbe assesied by e ury erein ter rovi or as ne an to the extent o suc benbiits, against thosg ieces or parcels of land 'on each side of said avenue as joined, and also on any or all pieces or parcels of land which will be benefited by the joining of said avenue as said jury may find said pieces 0};- parcels of and will ge benefited, andlin depermining the amounts to e assesse a inst said ieces or rce s of and the 'u shall take into consideraddn the resgective sitpulitions of such piecds lll , parcels of land and the benefits they may severally receive from the mba of mn, joining of said avenue as aforesaid: Provided, That if the aggregate em.amount of the benefits to be assessed, as determined b said jury pursuant to the provisions hereof, is less than one-half ofy the amount of the damages awarded for and in respect of the land condemned, the Commissioners of the District of olumbia may, in their discretion, rejgct tlipusjwgrd 2E1d assessment of said jury and all proceedings hereun ers nu an v01. w ,,,;§f“°° °‘ ¥"°°°°"‘ Sec. 3. That the said court shall cause public notice of not less than A<1v¤r¤w¤¤¤¢- ten days to be. given of the filing of said proceedings, by advertisement in such manner as the court shall prescribe, which notice shall warn all persons having any interest in the proceedings to attend court at a day gzolpelnlamed indsai nfpticie agd to coptinue indattendance until e cour s a ave ma e its na o er rati yin an coniirmin the P¤¤<>¤¤l¤¢¤‘*¤¤· award of damages and assessment of benefits of the jury; and ingmddition to such public notice said court, whenever in its judgment it is practicable to do so, may cause u copy of said not.ice to be served b the marshajioi thp Districtpf Columbia, or his deputies. upon such owners of the ant to ie con enmed as mav be foun b ‘said marshal _ _ or his deputies, within the District of Coldmbia. y , M“"'“‘l “’""· Sec.  That after the return of the marshal and the tiling of proof of publication of the noticeynovided for in the dpreceding section, said copxétaghpll cause a jury o seiien juldicious, Siinteresteld men., not re a _ o any person interestec in the rocee ings, an not in the mm service or employment of the District of Columbia or of the United ‘ States,_to be summoned by the marshal of the District of Columbia, to wlnchjurors said court shall administer an oath or affirmation that they_are not mterested in any manner in the land to be condemned nor are in any way related to the parties interested therein, and that they mllzluwithout faplor or pargialityl, tokthe best of their Ijudgment, assess e ma es eac owner o an ta en ma r sustain v re n o` joining og said street and the condemnatidn of lands for tl; puripblslg Hmm s of Obj of sudli joining, and assess the benefits resulting therefrom as hereinsom., g °°' before provided. The court. before accepting the jury, shall hear any objections that may be made to any member thereof, and shall have fu l power to decide upon all such objections. and to excuse any juror