Page:United States Statutes at Large Volume 33 Part 1.djvu/605

 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 1765. 1904. 51 7 jury pursuant to the provisions hereof, is less than one-half of the amount of the damages awarded for and in res ct of the land condemned, the Commissioners of the District of Cldlumbia may, in their discretion, reject the award and assessment of said jury and all proceedings hereunder shall be null and void. Sec. 3. That the said court shall cause public notice of not less than _ Notice of vmceed- ' ten days to be given of the filing of said proceedings, by advertisement lnilivmnemsm, in suc manner as the court shall prescribe, which 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 ratifying and confirming the award of damages and assessment of benefits of the jury; and in addition to P¤¤¤¤¤¤¤¤¤rvi<»- such public notice said court, whenever in its judgment it is racticable to do so, may cause a 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 found by said marshal, or his deputies,. within the District of Columbia. Sm. 4. That after the return of the marshal and the filing of proof M¤¤¤¤¤1’¤i¤¤v— mblimtion of the notice provided for in the (preceding section, said, Shall cause a jury of seven judicious, isinterested men, not reldied `to any person interested in the roceedings, and not in the service or employment of the District ofp Columbia or of the United States, to be summonedby the marshal of the District of Columbia, to Duties. whigizjurors said court shall administer an oath or aihrmation that they are 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 judgmz nt, assess the damag? each owner of land taken may sustain by reason of the extension o said Street and the condemnation of lands for the purposes of such extension, and assess the benefits resultintgl therefrom as hereinbefore provided. The court, before accepting e jurfy, shall hear any Hearings of umaobjections that may be made to any member thereo , and shall have “°"’· fu l power to decide upon all such objlections, and to excuse any juror or cause any vacancy in the jury, w en impaneled, to be filled; and after said jury shall have been organized and shall have viewed the premises, said jury shall roceed, in the presence of the court, if the court shall so direct, or odherwise as 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 rsons having any interest in the proceedings for the extension of saidpgzreet. When the hearing Verdictis conc uded the jury, or a majority of them, shall return tosaid 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 extplnsion and the amount of the assessment for such benefits a inst e same. gS1zc. That if the use of a part only of any piece or parcel of mD:_*gu*¤j)*p}gg'¤¤¤¤ ground shall be condemned, the jury in determining its va ue, Shall not take into consideration any bene ts 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 hereinbe ore provided. _ Sec. 6. That the court Shal have' power to hear and determine a15y R°'*"' °* '°""‘“· objections which may be filed to said verdict or award, and to set asi e and vacate the same, in whole or in part, when satisfied that it is unjust _ or unreasonable, and in such event a new jug shall be summoned, who N"' l‘"" shall proceed to assess the damages or bene ts, as the case may be, iu respect of the land as to which the verdict ma be vacated, as in the case of the first jury: Provided, That if vacated in part, the residue of Prmwi, V the verdict and award as to the land condemned or assessed shall not be p.‘l{°i°° "°"°d "`