Page:United States Statutes at Large Volume 45 Part 1.djvu/1489

 1438 SEVENTIETH CONGRESS. SEss. II. Cx. 439. 1929 . the court that there are any owners or other persons interested who are under disability, the court shall give public notice of the time Guardian ad iit em at which it will proceed with the matter of condemnation ; and at for persons under dis- such time, if it shall appear that there are any persons under dis- abi lity. ability who have appeared or who have not appeared, the court shall appoint a guardian ad litem for each such person, and shall there- upon order the jury commission to draw from the special box the names of as many p erson's as the court may di rect, and fro m among Drawing of jury. the persons so drawn the court shall thereupon appoint a jury of five capable and disinterested persons, to which jury the court shall administer an oath or affirmation that they are not interested in any manner in the land to be condemned, and are not related to the parties interested therein, and that they will, without favor or par- tiality, and to the best of their judgment, appraise the value of the respective interests of all persons concerned in such lands. ertyaami a tarinfsr p- "SEC . 486. The court, before accepting the jury, shall hear any and jury . objec tions that ma y be made to a ny member the reof, and sha ll have full power and authority to pass upon any such objection, and to amended .1, p. 1266, excuse any juror or cause any vacancy in the jury, when empaneled, to be filled ; and after the jury shall have been organized and shall have viewed and examined the land and premises affected by the condemnation proceeding, they shall proceed, in the presence of the court, to hear and receive such evidence as may be offered or sub- mitted on behalf of the District o f Columbia an d by any perso n or Appraisement. persons having any interest in the proceeding . When the hearing is concluded, the jury, or a majority of them, shall return to the court, in writing, their appraisement of the value of the interests of all persons, respectively, in such land, where said appraisement shall be r ec or de d. In making th eir decision, the jury shal l take into c on- sideration, whenever a part only is taken, the benefit to the remainder of the tract, and shall give their appraisement accordingly. Se tti ng as ide ap- a Sue. 487 . The said court shall hear and determine any objections praiseme nt, and new jury ordered. or exceptions that may be filed to any appraisement of the jury and shall h ave the power to vacate and set any appr aisement aside, in edvol .41,p.566,amend- whole or in part, when satisfied that it is unjust or unreasonable, in which event the court shall order the jury commission to draw from the special box the names of as many persons as the court may direct, and from among the persons so drawn the court shall there- upon appoint a new jury of five capable and disinterested persons, ncceptaa«e in part. who shall proceed as in the case of the first jury : Provided, That if vacated in part the residue of the appraisement as to the land con- tionsTime limit for obj ec- demned shall not be affected thereby : And provided further, That . the objections or exceptions to the appraisement shall be filed within twenty days after the return of the appraisement to the court : And cour t. by provided further, That the appraisement of the new jury shall be Payment of con- final when confirmed by the court. firmed appraisement. SEC. 488 . If the appraisement of the jury should not be objected 1' p. 1266, amended. to by the parties interested, it shall be confirmed by the court, or, if the appraisement of the new jury is confirmed by the court, the Com- missioners of said District shall pay the amount awarded by the jury out of the appropriation made therefor or deposit the same in Vol .34,p.154. the same manner as directed in section 491n of said Code of Law, and the reupon the la nd condemned s hall become a nd be the prop erty of the District. Time for return of "SEC . 489 . In every case involving the condemnation of land in verdict . y amended 31, p. 1266, the District of Columbia, at the close of the hearing thereof, the court shall fix a time in which the jury shall return its verdict or to report to the court the reasons why said verdict or appraisement can

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