Page:United States Statutes at Large Volume 34 Part 1.djvu/183

 FlFTY—NlNTH CONGRESS. Sess. I. Ch. 2070. 1906. 153 awarded by the jury and the costs and expenses of the proceeding be in excess of the total amount of the assessments for benefits, such excess shall be borne and paid by the District of Columbia. Sec. 491 h. The said court shall hear and determine any objections App°““*"°m“W“"‘ or exceptions that may be filed to any verdict of the jury and shall have power to vacate and set any verdict aside, in whole or in part, when satisfied that it is unjust or unreasonable, in which event the court shall cause a new ury of five experienced, judicious, disinterested men, who shall be freeholders in the District of Columbia, not related to any person interested in the proceeding and not in the service or employment of the District of Columbia or of the United States, to be summoned, who shall proceed to ascertain the damages or assess. the benefits, or both, 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: Provided, That if vacated in part, the residue of the verdict as to the Promos-_ _ land condemned or assessed shall not be adected thereby: And provided palfilnds mmed m fur!/wr, That the objections or exceptions to the verdict shall be filed “““g °"-*°°“°““· within twenty days after the return of the verdict to the court. Sec. 491i. When the court shall have finally ratified and confirmed d,QQ““""“*i°"°‘V°r‘ the verdict of a jury condemning the land needed for the opening, I _extension, widening, or straightening of the street, avenue, road, or highway, the amounts of money found to be due and awarded to the P“Y'“"“‘°‘““"“‘*“· owners of the land condemned shall be paid to such owners by the disbursing officer of the District of Columbia from moneys advanced to him by the Secretary of the Treasury, upon requisitions of the Commissioners of said District, as provided by law. Sec. 491j. When finally ratified and confirmed by the court, the mgjgment °* *`*-°*°S*‘· several assessments authorized to be made or levied by the jury 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 five equal annual installments, with interest at the rate of four per centum per annum from and after sixty days after the confirmation of the verdict of the jury. In all cases of payments the d,f§f,‘§‘}§,*},,§,°d,j§°,,,g§, accounting officers shall take into account the assessments for benefits ¤w¤¤¤€¤- and the award of damages, and shall pay only such part of the award in respect of any lot, piece, or parcel of land condemned as may be in excess of the assessment for benefits against the part of such lot, piece, or parcel of land not taken, and there shall be credited omsaid assessment the amount of said award not in excess of said assessment. Sec. 491k. Said court shall have full power and authority, at any *’¢¤<*¤>·’*¤8¤- time, to allow amendments in form or substance in any petition, process, · verdict, l'9CO1'd, or other proceeding, or in the descrjfption of property proposed to be condemned or of property assessed or benefits whenever such amendment will not interfere with the substantial rights of the parties interested. . Sec. 4911. Each juror shall receive as compensation for his services *’·*>‘°' i‘"°”· the sum of five dollars per day for every day necessarily employed in the performance of the duties herein prescribed. Sec. 491m. Any party aggrieved by any final order of the court ,,,*;{‘,¥’p$,'j,‘,§,f°"‘° "°‘“" ma appeal therefrom to the court of appeals of the District of Coliunbia; but no appeal from any order of the court confirming any award of damages or assessment for benefits, nor any other proceeding that may be taken by any (person. at law or in equity, against the confirmation of any award of amages or any assessment for benefits shall delay or prevent the payment of the damages awarded to other persons in respect of the property condemned, or delay or prevent the taking of the property sought to be condemned, or delay or prevent the opening, extension, widening, or straightening of the street, avenue, road, or highway.