Page:United States Statutes at Large Volume 45 Part 1.djvu/1472

 SE VE NT IE TH CONGRESS. SESS. II. Cu. 416. 1929 . 1421 DELIVERY OF POSSESSION SEC. 22 . In cases in which possession shall not have been awarded pursuant to a declaration of taking, when the adjudged compensation shall have been paid into the registry as directed in the judgment of the court and a certified copy of such judgment, with a certificate of the clerk of the court showing such paym ent, has been served upon the person in possession of said lands, such person shall, upon demand, deliver possession thereof to the petitioner. In case posses- sion is not delivered when so demanded, the petitioner may apply to the court without notice (unless the court shall require notice to be given) for a writ of assistance, and the court, upon proof of the service of the copy of the final order or judgment and certificate of the clerk showing payment as aforesaid, shall thereupon cause such writ to be issued, which shall be executed in the same manner as when issued in other cases for the delivery of possession of real property. AMENDMENTS GENERAL PROVISIONS SEC. 24 . In all proceedings under this Act, where the mode or manner of conducting the proceeding is not expr essly provided for by law, the court shall have power to make all necessary orders and give all necessary directions to carry into effect the object and intent of this Act and of the several Acts of Congress heretofore or here- after enacted conferring authority to acquire lands for the use of the United States. Delivery of posses- sion. Provisions for. Writ of assistance if possession not deliv- ered. Amendments. SEC. 2 3 . In all proceedings under this Act the court shall have allower o f court t o power at any stage of the proceeding to allow amendments in form or subs tance in any petition, citation, summons, process, answer, declaration of taking, order, verdict, or other proceeding, including amendment in the description of the land s sought to be condemned, whenever such amendment will not impair the substantial rights of any party in interest. . General provisions. Authority of court to make necessary orders, etc. PROVISIONS FOR SAVING PENDING PROCEEDINGS 'Provisions fo r sav in g pending proceedings. SEC. 25. The repeal, express ress or implied, of any existing law or pendi Ad not t« off ~ y g ng proceedings. o the alt eration or amendment thereof by virtue o f anything in this Act contained shall not affect (1) any act done or any right, includ- ing the right to appeal, accruing or accrued under the law so repealed, altered, or amended, or (2) any suit or proceed ing pending in the Su preme Court o f the D istric t of Co lumbia, or in the Court of Appeals of the District of Columbia, or the Supreme Court of the United States upon writ of error, appeal, certificate, writ of certio- rari, or upon application for writ of error, appeal, certificate, or writ of certiorari, at the time of the taking effect of this Act ; but all suits and proceedings shall be proceeded with and disposed of in the same manner and with the same effect as if this Act had not been passed, save and except only that in any condemnation suit or proceeding In condemnation suits, if commissioners for the condemnation of land for the use of the United States of appraisement have ending in the Supreme Court of the District of Columbia in which n«t been appointed, pending , trial, etc ., according to commissioners of appraisement shall not have been appointed by this Act. the court at the time of the taking effect of this Act, the trial of .said condemnation suit or proceeding shall proceed and be conducted from th at point forward in accordance with the provisions of this Act ; and all evidence as to the value of the property to be condemned and tak en shall be given before the court and j ury as in this Act pr escribed and the matter shall be proceed ed with and disp osed of in the same manner and with like effect as if the proceeding had been

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