Page:United States Statutes at Large Volume 34 Part 1.djvu/182

 152 FIFTY-NINTH CONGRESS. Sess. I. Ch. 2070. 1906. AP °*”““°“‘ °‘ Columbia, and u n the tenants and occu nts of the same. The said mmPmMHm'°tc` court shall appoiiitaguardian sa litem foidhn y person interested in the proceeding who may be under disability. _ of publication of the notice provided for in the_ preceding section said court shall cause a `ury of five experienced, judicious, disinterested men, who shall be freeholders wit in the District of Columbia, not _ related to any person interested in the proceeding and not in the service or em loyment of the District of Columbia or of the United °""‘· States, to he summoned by said marshal, to which jury the‘ court shall administer an oath or affirmation that they are not interested in any manner in the land to be condemned, and are not related to the parties D“"°* interested therein, and that they will, without favor or partiality, and to the best of their judgment, ascertain the damages each owner of land to be taken may sustain by reason of the opening, extension, widening, or straighteningl of said street, avenue, road, or highway, and the condemnation of the land needed for the purpose thereof, and to assess the benefits resulting therefrom as hereinafter provided. °"j°°“°““°l‘"°“* Sec. 491e. The court, before accepting the jury, shall hear any objections that may be made to any member thereof, and shall have full power and authority to pass upon any such objections, and to excuse any juror or cause any vacancy in the jury,' when empaneled, to be filled; and after the jury shall have been organized and shall have viewed and examined the land and premises affected by the condemna- H°“`""”‘ tion proceeding they shall proceed, in the presence of the court, to hear and receive such evidence as may he offered or submitted on behalf of the District of Columbia and by any person or persons having any interest in the proceeding. When the hearing is concluded, the jury, V°¤”°*· _ or a majority of them, s all return to the court, in writing, their verdict., setting forth the amount found to be due and awarded to the owners .of the land to be condemned as damages by reason of said opening, extension, widening, or straightening of said street, avenue, ` road, or highway, under the provisions hereo, and the lots, pieces, or parcels. of land benefited by said opening, extension, widening, or straightening, and the amounts of the assessments for the benefits against the same. ‘,:,’;},‘Q,*j,?‘P°’°°‘*°°“· Sec. 491f. If a part only of any lot, piece, or parcel of ground is to be condemned, the jury, in determining its value, shall not take into consideration any benefits that may accrue to the remainder thereof ‘ from said opening, extension, widening, or straightening of said street, avenue, road, or ighway, but such benefits shall he considered by the jury in determining what assessment shall be made or levied against suci part of such lot, piece, or parcel of land as may not be taken as hereinbefore plrovided. ,,Lj*j‘,”E’,}‘lf,§f1'f"'°‘ Sec. 491g. hat of the amount found to be due and awarded as damages for and in respect of the land to be condemned for said opening, extension, widening; or straightening, plus the costs and expenses of the proceeding, suc amount shall be assessed by the jury as benefits. and to the extent of such benefits against the lots. pieces, or parcels of land on each side of the street, avenue, road, or highway to be opened, extended, widened, or straightened, and against any and all other lots, pieces, or parcels of land which the jury may find will be benefited by the opening, extension, widening, or straightening, as the jurv_ma_v find_said lots, pieces, or parcels of land will be benefited; aud in determining the amounts to be assessed avainst said lots, pieces, or parcels of land the jury shall take into consideration the respective situations and topographical conditions of said lots, pieces, or parcels of land, and the benefits and advantages they may severally receive from the opening, extension. widening. or straightening of the street, Post, pew. avenue. road, or highway. If the total amount of the damages
 * “'“"""’l""’· Sec. 491d. After the return of the marshal and the filing of proof