Page:United States Statutes at Large Volume 34 Part 1.djvu/654

 624 FIFTY-NINTH CONGRESS. Sess. I. CHS. 3617, 3618. 1906. such lands and make such settlements as the board of regentsmay S“°°°”‘°“· deem just and proper: And p1·0videdfurthe7·, That when said Territory shall become a State the governor of said State shall be the successor of the governor of said Territory under the provision of this Act. Approved, June 29, 1906. June 29, 1906. CHAP. .—A o rovid for ment of dam s on account of chan es [K 1*17462*] in grade diieatbgthe eliriliiiarllioili of lgfade bfdssings on thddilne of the Philadelphda, Baltimore and Washington Railroa Company. Be it enacted by the Senate and House OfR@7'€80NZdb?h}€8 of the United Iélistlpicégtfioigmbig- States of Amwica in Congress assembled, That damages to adjacent crossings eiirinigdeil property resulting from changes in grade of streets, avenues, or alleys "}§‘*“~·”"l“‘“°’° “““ authorized by the Act of Congress approved February twelfth, nine- Gdrirligliiiln Rmmd teen hundred and one, relative to the elimination of grade crossings .g€§_ym°m °f du"` on the line of the Baltimore and Potomac Railroad Company shall be X‘;}ij};,{’i;‘fQm of borne by the District of Columbia, and said damages shall be appraised commission. by a commission composed of three capable and disinterested persons to  appointed by the supreme court of the District of Columbia holdinga district court of the United States for said District upon application in writing by the Commissioners of the District of Columb1a; and it shall be the duty of said Commissioners to make such application within sixty days after the passage of this Act. D““°* Sec. 2. That the members of such commission shall be sworn by the court for the faithful and im rtial performance of their duties, m£y¤¤¤¤¤¤¤¢¤¢ of whereupon they shall meet andm view the property affected by such m` change of grade and hear testimony in the matter of said damages after giving thirty days’ public notice b advertisement in three daily newspapers published in the city of Washington, District of Columbia, _ _ of the time and place of meeting for said purpose. F"""“ °1“‘m“‘ Sec. 3. That the owner of any real property damaged by the said change of grade shall have the right, within twelve months after the date fixed for the meeting of said commission, to file a petition with said commission, which shall be signed and sworn to, for an allowance of damages, and upon the failure of any such owner to thus present his claim within said period his said right shall cease and determine: A 0, mmm_ Provided, That all infants or other persons underle l disability whose property has been affected by such change of grad: shall be cited bv the court to appear, and the court shall appoint a guardian ad litem for every such person, whose duty it shall be to file the petition aforesaid in behalf of the person for whom he is appointed guardian ad litem, within twelve months from the date of his appointment, and upon his failure so to do the right of such person to present a claim for damages shall cease and determine. mgféigg **l>Pm*S¤· Sec. 4, That when said commission shall have made an ap raisement ` the same shall be filed with the court and a true copy thereofpsubmitted to the Commissioners of the District of Columbia. nmmrsiury. Sec. 5. That if any of the parties interested, their personal representatives, or the guardians ad litem who may be appointed for any such parties who may be under legal disability, or the Commissioners of the District of Columbia, shall be dissatished with any appraisement of said commission, the court shall, on the motion of the partv so dissatisfied, direct the United States marshal to summon a jurv df seven disinterested men, not related to any person in interest, to meet and view the property alleged to have been damaged as aforesaid, giving the parties interested at least six days’ notice of the time and place m_Q¤¤¤8¤¤ ¤¤d bam- of meeting. The said marshal shall summon a jury and administer an oath to them that they will. without favor or partialitv to anvonc, to the best of their judgment, appraise and determine ythe ambunt of damages to which each owner of any such property so affected by