Page:United States Statutes at Large Volume 45 Part 1.djvu/1469

 1418 SEVENTIETH C ONGRESS. SESS. II. CH. 416 . 1929 . pet itio ner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. Setting date for trial and selection of jury SETTING DATE FOR TRIAL AND SELECTION OF JURY . Court to set date SEC. 11 . When all the persons who have been summoned or pub- up on appearance of persons summoned, lished against in said case, as hereinbefore provided, have either etc ' answered or are in default as aforesaid, and all persons under legal disability have answered by their guardians ad litem, or in the judgment of the court ample opportunity has been given for the same, the case shall be regarded as ready for trial, and, upon the application of any party to said suit, the court shall forthwith set an early date to be especially fixed by it, not less than ten nor more than twenty days from the date of such application, for the trial of the issues of law and fact raised in said case, and the ascertain- ment of the compensation or damages to be awarded for the taking of the lands to be condemned. The court shall thereupon order the jury commission to draw from the special box provided for by law the names of as many persons, not less than twenty, as the court may direct, and to certify said names to the clerk of the Supreme Court of the District of Columbia as a panel of prospective jurors. The persons so certified shall be thereupon summoned by the United States marshal for the District of Columbia to appear in said court on the day specially fixed for the trial of said cause. Before selecting or impaneling said jury, the court may, in its discretion, cause a second, third, or other further list of prospective jurors to be drawn, certified, and summoned in like manner. From the per- sons so certified and summoned, the court, after examination on oath and in open court as to their qualifications, shall select and impanel a jury of five capable and disinterested persons who shall have the qualifications of jurors as prescribed by law for the courts of the District of Columbia, and in addition thereto shall be free- holders of said district and shall not be in the service or employment of the United States or of the District of Columbia. Drawing of jury. Jur y to be impan- eled. Oath of juro rs. Qua lif ic ati on re- quire ment. View. Jury to view lands before hearing evidence. Trial. Procedure. Evidence by pa rty claiming interest may be submitted as to value, etc. OATH OF JUROR SEC. 12 . To the jurors so selected and impaneled the court shall administer an oath or affirmation that they are not interested in any manner in the lands to be condemned and that they are not to their knowledge related to any person interested therein, and that they will impartially and to the best of their judgment ascertain, appraise, and award just compensation for the lands to be condemned and taken in said proceeding. VIEW SEC. 13 . After being selected, impaneled, and sworn, and before hearing the evidence, the jury shall be taken by the marshal upon the lands to be acquired at a time to be fixed by the court in order to view the said lands ; and all parties in interest, their attorneys, and representatives shall have the right to be present at such view. TRIAL SEO. 14 . After such view and the jury shall have returned to the court, the trial of said cause shall be proceeded with before the court and jury. Any person who has appeared in the cause claiming any right, title, interest, or estate in the land to be taken, or compen- sation on account of the taking of the same, shall have the right to submit evidence concerning the value of such land, parcel by parcel, the nature and extent of his right, interest, or estate therein,

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