Page:United States Statutes at Large Volume 34 Part 1.djvu/655

 FIFTY-NINTH CONGRESS. Sess. I. Ch. 3618. 1906. 625 change of grade may be entitled; and in every appraisement of damages the commission or jury, as the case may be, shall take into consideration any and all benetits and advantages that may have accrued to such property by reason of the elimination of grade crossings, the establishment of the union railroad station and terminals, and all works, buildings, and improvements authorized b the Act of Congress ap- V<>1- B1. p. 761. proved February twelfth, nineteen hundrecland one, entitled "An Act to provide for eliminatinghcertain grade crossin s on the line of the Ba timore and Potomac ilroad Company, in die city of Washington, District of Columbia, and requiring said company to depress and elevate its tracks, and_to enable it to relocate parts of its railroad therein, and for other lpurposes," and the·Act of Congress approved v°l· 8* P- 912- February twenty-eight, nineteen hundred and three, entitled "An Act to provide for a union railroad station in the District of Columbia, and for other purposes." Sec. 6. That said jury, after having viewed'the property alleged to V¤¤il¤¤<>flury- have been damaged, hea.rd testimony offered by the parties interested, and appraised and determined the damages, s all make out a written verdict, to be signed by them, or a majority of them, and attested by the marshal, who shall return the same to the court and a copy thereof to the Commissioners of the District of Columbia; that said verdict, when confirmed by the court, shall be final. The verdict of the jury Newjury. may be excepted to by any party interested or by the Commissioners of the District of Columbia, and may be set aside by the court for good reasons and a new jury directed to be summoned. - Sec. 7. That the members of said commission appointed under the compenmucn. provisions of this Act shall receive for their services, when actually employed, such compensation as shall be determined upon by the supreme court of the District of Columbia as equitable and commensurate with the services rendered, not exceeding the sum of ten dollars per day; and the jurors summoned by the marshal under the provisions of this Act shall receive for their services, when actually employed, the sum of five dollars per day. A sufficient sum to pay the compen- _Appmpi-mncn mm sation and expenses of said commission and the compensation of said D‘“‘“°‘ ’"°““°’· `urors and the amount of such appraisements or awards of damages is hereby appropriated out of the revenues of the District of Columbia. and fifty per centum thereof shall be refunded to said District of Ref¤¤<1- Columbia by the United States. · Sr·;o§ 8. That the provisions of section nine of the Act of Congress agmrjrgg iiniggcdmnu approved February twelfth. nineteen hundred and one, entitled ‘“An vol. si.n;iigi5b,°r€¢ Act to provide for eliminating certain grade crossings on the line of ¥‘°°‘°"· the Baltimore and Potomac Railroad Company in the city of Washington, District of Columbia. and requiring said company to depress and elevate its tracks, and to enable it to relocate parts of its railroad therein, and for other purposcs," ·S0 far as the same relate to any claims for damages of any kind whatsoever, whether resulting from change in grade or incidental to or connected therewith, or from the operation of said railroad company as contemplated and required by said Act, to any property owner affected thereby, be, and the same are hereby, repealed, and D0 'pl‘0pe1'ty 0Wlle1‘ affected by any of the provisions of said Act of Congress shall have any right to make any claim for damages by reason 0 any of the provisions of said Act other than as may be granted by the provisions of section three of this Act, and it is the intent of this Act t at such damages shall be limited only to actual damages due to the change in the grade of streets. avenues, and allevs provided for in said Act of February twelfth, nineteen hundred and one, and that in allowing such damages the jury shall take qhggghs w be we into consideration all benefits referred to in section five of this Act.' Sec. 9, That all Acts or parts of Acts inconsistent herewith be, and Kenwthey are hereby, repealed. Approved, June 29, 1906. von xxxiv, rr 1--40