Page:United States Statutes at Large Volume 27.djvu/561

FIFTY-SECOND CONGRESS. Sess. II. Ch. 197. 1893. 535 similar notice to be served by the marshal of the District of Columbia, or his deputies upon each of the owners of the land sought to be condemned; and shall also cause notice to be given to the attorney of the United States for the District of Columbia. Sec. 9. That when the object of any such application to said court conaommmon. shall be in whole or in part to rectify or change an existing subdivision the court, immediately after the expiration of the time limited in such notice, shall proceed without delay to make the required condemnation, so far as it shall relate to any land within such subdivision, and as to any land not lying within the limits of an existing subdivision which is sought to be rectiiied or changed the court shall proceed in like manner only after it shall have determined as hereinbefore provided that the public convenience requires the condemnation, and then only to the extent which the public convenience shall require. Sec. 10. That when any right of way is to be condemned under this Jury. act said court in special term shall cause a jury of seven judicious, disinterested men, not related to any person interested in the proceedings, Composition. and not in the ervice or employment of the District of Columbia or of the United States, to be summoned by the marshal, and shall administer to the jury an oath or aiiirmation that they will, without favor or om. partiality to anyone, to the best of their judgment, determine such questions as may be submitted to them by the court during the proceedings. The court, before accepting the jury, shall hear any objec- 0bJ¤¤¤<>¤¤t¤J¤r¤n- tions that may be made to any member thereof, and shall have full power to decide on all such objections and to excuse any juror and to cause any vacancies in the jury to be iilled. When the jury shall have Humebeen organized the court and the jury shall hear and receive such evidence as may be offered or submitted on behalf of the District of Columbia or on behalf of the United States or by any person having any interest in the proceedings, and the proceedings shall be conducted Pmwlmas nearly as may be as civil cases triable by jury are now conducted in said District, but the order of proof shall bein the discretion of the 0****** 0* P¤><>f·¤¢¢· court. Upon the motion of any party in interest the court may direct the jury to view the premises under consideration, under such regulations as the court may prescribe. `When the hearing is concluded the jury, or a majority thereof, shall render a written verdict in such form Written verdict. as may be prescribed or submitted to the jury by the court, which verdict shall be signed by the jurors. or by a majority of them, and filed in the court. The court shall have power to set aside such verdict Maybe set osmo. when satisfied that the same is imjust or unreasonable. One jury may Powers or the court be sworn and one trial had us to all or any of the parcels of land in- §§§QT§§j{*·J""°’·'°" volved in the proceeding, at the discretion of the court, and where the jury shall have rendered a verdict as to more than one parcel of land the court may set aside the verdict as to one or more parcels and confirm it as to the others. \Vhen the verdict of the jury, in whole or in part, shall have been so set aside u new jury shall be summoned andthe proceedings continued until the court shall have confirmed a verdict as Confirmation. to all the land involved in the proceeding. Sec. 11. That where the use of a part only of any parcel or tract of Damage whom pm land shall be condemned in such a proceeding the jury in assessing the §§,§,{m}’,? "“°‘ °°"‘ damages therefor shall take into consideration the benefit the purpose tor which it is taken may be to the owner or owners of such tract or parcel by enhancing the value of the remainder of the same, and shall give their verdict accordingly, and the court may require in such case that the damages and the beneiits shall be found and stated separately. Size. 12. That no trial under this act shall tail by reason of the death nooo».o¢o.,o:_;mo¤. or disability of any juror occurring during the proceedings. but the _ umm; to proceed. lnefulng Shall proceed with the remaining jurors: Provided, That D0 P’°*‘i*°· verdict shall be valid unless concurred in by a majority of a complete voioiizy of moan:. jury. SHG. 13. That no evidence shall be offered or received by the jury as nmioooo. to the persons who will be entitled to receive the compensation that