Page:United States Statutes at Large Volume 11.djvu/60

40 THIRTY-FOURTH CONGRESS. Sess. I. Ch. 86. 1856. trustees, and recorded among the land records of Washington county, ar a oopy of such record duly certified and sealed shall be sufficient evidence; the said trustees, in their corporate character. shall be thenceforward considered the lawful owners of the said land and improvements, if any, and all right, title, estate, and interest therein, at law. or in equity, shall be vested in them for the purpose aforesaid: Provzded, however, That if the owner or owners of the said land and improvements, if any, his, her, or their guardian or guardians, trustee or trustees, shall couceive him, her, or themselves aggrieved by such valuation and assessment, and shall, within thirty days after the payment of the- valuation so oifered, as aforesaid, notify to the said trustees the sameun writing, it shall and may be lawful, and it shall be the duty of the said trustees, or Appeal to a majority of them, to issue their warrant to the Marshal of the District J¤¤`5’~ of Columbia, commanding him to summon a Jury of six freeholders of the school district, not interested in the matter, to appear, on a day by the said trustees to be appointed, on the premises, and any one of the said trustees, or any justice of the peace of the said county, is authorized to administer an oath or atiirmation, as the case may be, to each and every person so summoned, as aforesaid, that he will, without favor, affection, partiality, or prejudice, assess the damages sustained by the person or persons at whose request the said inquisition shall be taken, by reason of his, her, or their land and improvements, if any, about to be made, as aforesaid, and the person so summoned and qualihed, as aforesaid, shall thereupon proceed to value and assess the damages Costs on such accordingly: Provided, That if such appeal from the assessment and °pP°°1‘ valuation of the said trustees be ooniirmed by the jury herein directed to be summoned and qualified, as aforesaid, or should the same be reduced to a lower rate of valuation and assessment by the said jury, the party appealing in that case shall pay the whole expense incurred thereby, otherwise, the trustees, in their corporate character as such, shall pay the expense incurred by reason of such appeal. Sec. 27. And be it further enacted, That the said trustees or the said jury, as the case may be, immediately after they shall have completed their valuation and assessment or inquisition, as aforesaid, and done all things required of them, or either of them, as the case may be, under the provisions of this act, shall make out a fair statement of their proceedings, setting forth in the same a full and distinct description of the land or real estate and improvements, if any thereon, as valued by them or either of them, as the case may and all matters and things connected with the said valuation and assessment, and the performance of the duties required of them by this act, and to the said copy, fairly to be written out as aforesaid, they shall subscribe their names, and thereunto ailix their seals, and they shall deposit the same in the office of the clerk of the circuit court of the District of Columbia, and it shall be the duty of the said clerk to preserve a record of the said proceedings without fee or reward; and a copy of such record, certiiied by the said clerk under the seal of the said court, shall be evidence of all matters therein stated, in the same manner as certified copies of other records are evidence. when there is Sec. 28. And be it further enacted, That in the event of an appeal 8116 an appeal and the inquisition of a jury as provided by this act, the amount of damages §;Y(§";§;¤1§d5;‘g for the land or real estate and improvements so valued and assessed 35 pass. aforesaid, being paid or offered to be paid as aforesaid, the said trustees, in their corporate character as aforesaid, shall thenceforward forever thereafter be considered the lawful owner of the said land and improvements as aforesaid, and all right, title, interest, and estate therein, at law or in equity, shall be vested in the said trustees for the purpose aforesaid: _Pi-oviso as to Prqvided, that it shall not be lawful to locate the said site within the ‘““· cultivated fields, orchards, or gardens, nor within three hundred yards of any dwelling of any person or persons whatever, without the assent of