Page:United States Statutes at Large Volume 34 Part 1.djvu/46

 I6 FIFIY-NINTH CONGRESS. Sess. I. Ch. 257. 1906. nor are the in any way related to the _ rties interested therein, and that they wiill, without favor or partiafity, to the best of their judgment, assess the damages each owner of land taken may sustain by reason of the extension of said avenue and the condemnation of lands for the purpose of such extension, and assess the benefits resulting H°°’*°¤ °‘ °"l°°‘ therefrom as hereinbefore provided. The court before accepting the mm jury shall hear any objections that may be made to any member ( thereof, and shall have full power to decide upon all Such-0b]€ClZ10DS, and to excuse any juror or cause any vacancy in the jury, when im neled, 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 _Columb1a and by any person ` or persons having interest in the proceedings for the extension of said venue:. avenue. When the hearing is concluded, the jury, or a majority 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 extension of said avenue under the provisions hereof, and of the pieces or parcels of land benefited by such extension, and the amount of the assessment for such benefits against the same. Dewrminivx v¤¤¤¤ Sec. 5. That if the use of a part only of any piece or parcel of ground °"`°"°°n°“ shall be condemned, the jury, in determining its value, shall not take into consideration any benefits that may accrue to the remainder thereof from the extension of said avenue 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. R¤**¢*°f *¤¤“¤*· Sec. 6. That the court shall have power to hear and determine any objections which may be filed to said verdict or award, and to set aside and vacate the same, in whole or in part, when satisfied that it is unjust sew jury. or unreasonable, and in such event a new jury shall be summoned, 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 m·m·m·. case of the first jury: P:m·ided, That if vacated in part, the residue of ,,,#,‘j"°"" "‘°""°‘"" the verdict and award as to the land condemned or assessed shall not Filing em-prions. be affected thereby: And provided furf}ze7·, That the exceptions 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 finally ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be yable for lands taken under the provisions hereof shall be paid to th); owners of said land- by the disbursing officer of the District of Columbia from moneys advanced to him by the Secretary of the Treasury upon requisitions of the ,,$¥;[;_'{’}_•j_'f,j,jl*j;';,_f"’”' Commissioners of said District, as provided by law; and a sufficient sum to pay the amounts of said judgments and awards is hereby _ appropriated out of the revenues of the District of Columbia. m§,’,‘{{{°°"°"°‘ °‘*"""' enc. 8. That when confirmed by the court the several assessments herein provided 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 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 and award. du'§_g'Q,‘f,f,,f,‘{,’;§,°j’,,‘},f In all cases of payments the accounting officers shall take into account the assessments for benefits and the award for damages, and shall pay only such part of said award in respect of any lot as mav 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 Proceedings. award·n0t in excess of sand assessment. That said court may allow