Page:United States Statutes at Large Volume 33 Part 1.djvu/1089

1002 Furry-uic11TH oouonnss. sm. 111. GH. 1435. 1905. A·*¤j¤;g¤;gegLd¤m· Sec. 2. That of the amount found to be due and awarded_ as umdamages for and in respect of the land condemned for the extension ` of T street as herein provided such amount thereof shall be assessed by the ·jury hereinafter provided for as benefits, and to the extent of such benefits, against those pieces or parcels of land on each side of said street as extended, and in determining the amounts to be assessed against said pieces or parcels of land the jury shall take into consideration the respective situations of such pieces or parcels of land and the benefits they ma severall receive from the extension of said nqvm. street as aforesaid: Igrovided, That if the a gate amount of the ,§°’°°"°"°i‘""'°’ benefits to be assessed, as determined by said jury pursuant to the provisions hereof, is less than one—half of the amount of the damages awarded for and in respect of the land condemned, the Commissioners of the District of Columbia may, in their discretion, reject the award arnlilaassiessmsnt of said jury and all proceedings hereunder shall be n an vo1 . . New ¤f vwvwd- Sec. 3. That the said court shall cause public notice of not less than mfévsi-ummm. ten da s to be given of the filin of said proceedings, by advertisement in such, manner asthe court shah prescribe, which notice shall warn all persons having any interest in the proceedings to attend court ata y to be named in said notice and to continue in attendance until the court shall have made its final order ratifying and confirming the award of dama es and assessment of benefits of the jury; and in addition to P<¤¤¤>¤¤1 ¤¤¤¤¤· such puldic notice said court, whenever in its jpdgment it is practicable to do so, may cause a copy of said notice to e served by the marshal of the District of Columbia, or his deputies, upon such owners of the land totpe xgndemned as may be found by said marshal, or his deputies, wit in e istrict o Co umbia. M¤*¤¤¤l'¤5¤'¥ Sec. 4. That after the return of the marshal and the filing of proof of publication of the notice rovided for in the (preceding section, said ` court shall cause a jury ofp seven judicious, isinterested men, not related to any person interested in the proceedings, and not in the service or employment of the District of Columbia or of the United vutm States, to be summoned by the marshal of the District of Columbia, to which jurors said court shall administer an oath or affirmation that they are not interested in any manner in the land to be condemned nor are in any way related to the parties interested therein, and that they will, wit out favor or partiality, to the best of their judgment, assess the damages each owner of land taken may sustain b reason of the extension of said street and the condemnation of lands fyor the pur ses of such extension, and assess the benefits resulting therefrom as limeu0*f,jf'*¤¤ °* °W°°· inbefore provided. The court, before accepting the fjury, shall hear any objections that may be made to any member thereo , and shall have full power to decide upon all such objlections, and to excuse any juror or cause any vacancy in the jury, w en impaneled to be filled; and after said jury shall have been organized and shall have viewed the premises, said jury shall proceed, in the presence of the court, if the court shall so direct, or otherwise as the court may direct, to hear and receive such evidence as may be offered or submitted on behalf of the District of Columbia and by any person or persons having any interest V°’“°*· in the proceedings for the extension of said street. When the hearing is conc uded the jury, or a majority of them, shall return to said court, in writing, its verdict of the amount to be found due and payable as damages sustained by reason of the extension of said street under the provisions thereof and of the pieces or parcels of land benefited by such etxtgnsion and the amount of the assessment for such benefits _ agams the same. ,, ”*"° Sec. 5. That if the use of a part only of any piece or parcel of ground shall be condemned, the jury, in determining its value, shall not take mto oonsideration any benefits that may accrue to the remainder thereof