Page:United States Statutes at Large Volume 49 Part 1.djvu/154

 74v CONGRESS. SESS. I. CH. 42. APRIL 5, 1935. 109 assessed by the Commissioners of the District of Columbia as a tax against the premises on which such building or part of building was situated, such tax to be collected in the same manner as general taxes a re col lected in th e Distr ict of Colum bia. "SEC . 14 . That the owner or owners of any building or part of co romuatiosto vacate building condemned under the provisions of this Act may, within the t ime sp ecified in th e orde r of c ondemna tion, instit ute pr oceedi ngs in the Supreme Court of the District of Columbia, sitting as a dis- trict court, for the modification or vacation of the order of con- demnation aforesaid, and the court shall give precedence to any such case, and is authorized to issue such orders and decrees as may be necessary to carry into effect the said order of condemnation as made by the Board or as modified by the court in accordance with the verdict returned as hereinafter directed . The court shall appoint a q Jur. Y; appointment, j ury consisting of three disinterested persons, one of whom shall be an architect, the second, a physician or a health-officer, and the third, either a structural engineer or a competent builder, each of whom shall have the qualifications of jurors in the District of Columbia, and who, after taking the oath required of jurors in the trial of civil Duties. causes, shall proceed under the direction of the court to inspect the prem ises and to hea r and receive e vidence respec ting the sanita ry conditi on, st ate of repai r, and state of dep reciat ion of such b uildin g or part of buil ding a foresa id, th e pres ent rep roduct ion va lue th ereof, the fitness and suitability of such building or part of building for occupancy, and the cost to place said building or part of building in a proper and lawful condition for occupancy. In such proceedings the owner or owners of the buildin g or part of b uilding condemn ed shall be considered the plaintiff and the Board shall be considered the defendant. After inspecting the premises and hearing and consid- ten Verd ict ; form, con- ering all of the testimony as hereinbefore provided, the said jury shall return to the court its verdict on a prepared form which shall contain the following questions to be answered by them "1 . Condition of the building or part of buildings : "( a) As to sanitation ; and "(b) As to state of repair . " 2. Can the building or part of building condemned be repaired and placed in a proper and lawful condition for occupancy and made to comply with all laws and regu lations in forc e in the Dis- trict of Columbia relating to buildings without exceeding 50 per centum of the present reproduction cost of such building or part of building? "3 . Is the buildi ng or art of bu ilding subject to condemnatio n? " 1. If the jury shall find that the building or part of building Decrees of court. sought to be condemned should not be condemned or ordered to be repaired they shall so report to the court, who shall enter a decree directing the vacation of the order of the Board. "2. If the jury shall find that the building or part of building is subject to condemnation and cannot be repaired and put in a safe, sanitary, and usable condition and made to comply with all laws and regula tions in for ce and effect in th e Dist rict o f Colum bia re lat- ing to buildings therein, they shall so report to the court who shall enter a decree directing compliance by the plaintiff with the order of the Board . "3. If the jury shall find that the building or part of building can be repaired and put in a safe, sanitary, and usable condition, and made to comply with all laws and regulations in force and effect in the District of Columbia relating to buildings they shall so report to the court, who shall enter an order directing the plain- tiff within a reasonable time to cause the said building or part of