Page:United States Statutes at Large Volume 33 Part 1.djvu/623

 F1r*rY-E1enT1»1 ooxoanss. sm. 11. os. 1179. 1904. 535 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 extension of said street and the condemnation of lands for the pur ses. of such extension, and assess the benefits resulting therefrom as libre- · inbefore provided. The court, before accepting the jury, shall hear mmmgs or objecany objections that may be made to any member thereof, and shall “°“ have full power to deci e upon all such objections, and to excuse any juror or cause any vacancy in the jury, when impaneled, to be filled; and after said jur shall have been organized and shall have viewed the premises, saidy 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 person Ol' persons havmglany interest in the proceedings for the extension of said street. en the hearing is concluded the jury, or a majority of them, shall V¢¤*i<*· 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 benented by such extension and the amount of the assessment for such benefits against the same. Sec. 5. That if the use of a part only of any piece or arcel of nmmming value ground shall be condemned, the jury, in determining its val)ue, shall °‘ ’“"” °"°"" 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 rovided., Sec. 6. That the court shall) have power to hear and determine an Review of verdict objections which may be filed to said verdict or award, and to set asidje 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 summoned,who Nm-jury, 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 ury: Provideol, That if vacated in part, the residue of memo;. _ the verdict and award as to the land condemned or assessed shall not p,’§“°““ “‘°“‘°d‘“ be affected thereby: And p2·c/v2'ded fu~2·the¢·, That the exceptions or F¤i¤z¤x¤<>x>¤¤¤¤- 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 jurv shall have been finally P“""°“°°"°““°" 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 the warrant of the Commissionersl of saéd District, out of the revenues of tlip Déstrict of Cglumbm; with f an a su cient sum to y the amounts o said ju gments an awar s gp NP ¤ mm is hereby a ropriated Edt of the revenues of the District of Columbia. Di win mmm' Size. 8. That when confirmed by the court the several assessments mQgl}f°¤°¤ °‘°”°¤*· herein rovided 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 ve equal annual installments, with interest at the rate of four per centum per annum from ‘ and after sixty days after the confirmation of the vei ict and award. In all cases of payments the accounting officers shall take into d1£;'é”§g;‘;g;§gg§ 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.