Page:United States Statutes at Large Volume 33 Part 1.djvu/609

 F IFTY-EIGHTH CONGRESS. Sess. II. C11. 1769. 1904. 521 nor are in any way related to the parties interested therein, and that they will, without favor or partiality to the best of their judgment, assess the damages each owner of land taken may sustain by reason of the widening o said street and the condemnation of lands for the purposes of such widening, and assess the benefits resulting therefrom as hereinbefore provided. The court, before accepting the jury, shall ,,§,§“'”‘¥' °’ °"j°°‘ hear any objections that may be made to an * member thereof, and ` shall have full power to deci e upon all such objections, and to excuse anv juror or cause any vacanc 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 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 rson or persons having any interest in the proceeding; for the widdning of said street. hen the hearing is concluded the jury, or a majority V¤¤¤¢*· 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 widening of said street under the provisions thereof, and of the pieces or parce s of land benefited by such extension and the amount. of the assessment for such benefits against the same. Sec. 5. That if the use of apart onliy of any piece or parcel of 0,D¢*:,S*·{,¤j¤jj_¤a= *·*¤¤ ground shall be condemned, the jury, in eterming its value, shall not N ` take into consideration any benefits that may accrue to the remainder thereof from the widening of said street or highway, but such benefits shall be considered in determining what assessment shall be made on or against such part of  or parcelof land as may not be taken as hereinbefore provi '_ V, ‘ Sec. 0. That the court shall have power to hear and determine an` ’*"*°' °* '°¤”°*· olbjlections which may be tiled to said verdict or award, and to set  e a _ 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— 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: I’r0w'ded, That if vacated in part, the ppm} _ t d 1 residue of the verdict and award as in the land condemned or assessed par? °m `°°° ° n shall not be affected thereby: And dded j7zrt/wr, That the excep— FHM: <>><¤¤x>¤·»¤¤~- tions 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 tinally *’•¤>‘·¤•=¤*¤*"‘**¤"¤*- ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken under the provisions 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 warrant of the Commissioners · of said District, one-half out of the revenues of the District of Colum- en<},¤ej·g{jf1g¤g,g{r,¤_;;'· bia and the remainder out of the sum hereinbefore required to be ` deposited with the collector of taxes; and if said sum is not sufficient uxmiabgqjygj for said purpose such additional sum shall be deposited by parties ' interested in said widening as may be necessary to make their aforesaid de sit equal to one-half the amount of said verdict and award, and the saido collector is hereby directed to pay to the Treasurer of the United States for said purpose all deposits so received by him; and a ·*r>¤*¤P¤¤¤*>¤· sufficient sum to pa the amount of said verdict and award is hereby appro riated, payable, however, as aforesaid. Any surplus remain- dem Ol *‘“’Pl°¤ ing olp the deposit or deposits made in accordance with t is Act after the payment of the depositors’ part of said verdict and award shall be returned to the party or parties who deposited the same. Sec. 8. That when confirmed by the court the several assessments mgj}_},°°“°¤ 0* **3**** herein provided to be made shall severally be alien upon the land `