Page:United States Statutes at Large Volume 28.djvu/744

FIFTY-THIRD CONGRESS. Sess. III. C11. 166. 1895. 715 of its road, and shall furnish and maintain, as required by said Commissioners, passenger houses and transfer stations; failure to furnish MFi¤¤ fqr f¤i1¤r¤ vv and maintain such passenger houses and transfer stations shall render '° °t°°‘°"' °t°‘ said company liable to a fine of twenty-five dollars for each and every day of such failure, after reasonable notice, said line to be recovered in any court of competent jurisdiction at the suit of the Commissioners of the District of Columbia." That section twenty-four of said Act be, and is hereby, amended so as to read as follows: “Sec. 24. That in the event that Rhode Island avenue shall not have 1?r¤¤·=•>¤i¤z¤ to ···=· been extended, and said company shall not be able to come to an agree- `*`“”° md' ment with the owner or owners of any land through which the said road may be located to pass for the purchase or dedication of so much land as may be necessary for the opening of Rhode Island avenue, then' the said company may institute proceedings or the condemnation of so much land as may be required for the extension of the aibresaid avenue: Prorided, That the strip of land so to be acquired by condemna- gem"- `tion shall be one hundred and thirty feet in width, and shall be located` according to the oihcial plats for the extension of Rhode Island avenue: And provided further, That all the land within the lines of the pro- L_E¤:i¤¤¤i¤¤ ¤fRh•¤1• posed extension of Rhode Island avenue which shall be acquired by said "°"°' -Maryland and Washington Railway Company, either by purchase or by condemnation, shall, by appropriate conveyance, be dedicated, before tracks are laid therein, by said Maryland and Washington Railway -Company as an extension of Rhode Island avenue to the extent of the land so acquired. ‘·Such proceedings may be instituted and conducted by the company c°Qg,¤;d¤:=¤¤*i¤¤ v¤>· ‘ in the supreme court of the District of Columbia, holding a special term S ' as a district court, .and shall be commenced by a petition of the company for the condemnation of such land as has not been purchased or dedicated and for the ascertainmeut of just compensation for the taking of such land for the purposes aforesaid. “ Such petition shall contain a particular description of the property *’°“°*°¤- not so purchased or dedicated and selected for the use aforesaid, with the names of the respective owners thereof and their residences, so far as the same may be ascertained, together with a plan of the land proposed to be taken; and thereupon the said court is authorized and required to summon all such owners and all other persons interested to appear in said court at a time to be fixed by said court. If it shall dN¤¤¤•>¤ ¢<> ¤¤¤~¤*· appear to the court that there are any owners or other persons interested °°°" °°°' who are nonresidents of the District of Columbia publication may be substituted for personal service of process upon such nonresident, after any summons has been returned ‘not to be tound,’ in the same manner as is provided by law with reference to nonresident defendants in actions of eiectment; and if it shall appear that there are any persons unde1· disability, either who have been served with process or who have been proceeded against by publication, the court shall appoint a guardian ad litem for such persons. “After all the parties interested have been served with process or hf1g¤’”•“ °°“““*" · proceeded against by publication, as aforesaid, the court shall, upon ` the return day stated in said process or order of publication, proceed to appoint three competent and disinterested persons commissioners to appraise the damages which the owner of the land taken may sustain by such appropriation. The commissioners shall be duly sworn, and they shall consider the damages which such owner may sustain by reason of the appropriation by such railway com pany of the land proposed to be taken for the purposes aforesaid, and shall forthwith return their assessment of such damages to the clerk of the court. · " That when the use of a part of any parcel or tract of land shall be Awwcondemned in such proceedings the commissioners in assessing the damages therefor shall take into consideration the benefit the purpose for