Page:United States Statutes at Large Volume 33 Part 1.djvu/336

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248 FIFTY-EIGHTH CONGRESS. Sess. ll. Ch. 1418. 1904. V°"“°‘- interest in the proceedings for the extension of said street. When the hearing is concluded 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 extension and the amount of the assessment for such benefits a ainst the same. _ Ofggggggqfgg “**“*’ Sec. 5. gfhat if the use of a part only of any piece or parcel of ground ishall be condemned, the jury, in determining 1tS value, shall not take into consideration any benefits that may accrue to the remainder thereof from the extension of said street or highway, but such benefits shall be considered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not be taken as hereinbefore provided. R°“°“’ °"""‘“°'· Sec. 6. That the court shall have power to hear and determine any objections which may be filed to said verdict or award, and to set aside and vacate the same, in whole or inpart, when satisfied that it is unjust N"' l“'*’· or unreasonable, and in such event a new jury shall be summoned, who shall proceed to assess the damages or benefits, as the case may be, in _ . respect of the land as to which the verdict may be vacated, as in the . f,’Q{,¥`§,°‘{;,,,,,,,,,,,, case of the first jury: Provided, That if vacated in part, the residue van of the verdict and award as to the land condemned or assessed shall Films •¤¢¢1>¤<>¤¤· not be affected thereby: And ovidedfurt/wr, That the exceptions or objections to the verdict andysilward s all be filed within thirty days _ after the return of such verdict and award. P""“°"‘°"°"“"" Sec. 7. That when the verdict of said jury shall have been finally ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken under the provisions hereof shall be paid to the owners of said land by the Treasurer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon the warrant of the Commis- _ _ sioners of said District, out of the revenues of the District of Columbia; I,,§§§¥{”§.‘,f{f§,°§,‘f,‘Q,,$’°’° and a sufficient sum to pay the amounts of said judgments and awards _ _ is hereby appropriated out of the revenues of the District of Columbia. ,,,f§}f°""“ "‘ *‘”°** Sec. 8. That when confirmed by the court the several assessments herein rovided to be made shall severally be a lien upon the land assessed? and shall be collected as special improvement taxes in the District of Columbia, and shall be yable in five equal annual installments, with interest at the rate oimfour per centum per annum from and after sixty days after the confirmation of the verdict and award. _,_Qm·*g§)‘;;‘{j_fjHQj· In all cases of payments the accounting officers shall take into account the assessment for benefits and the award for damages, and shall pay only such part of said award in respect of any lot as may be in excess of the assessment for benefits against the part of such lot not taken, and there shall be credited on said assessment the amount of said award not in excess of said assessment.

  • "·"‘°*"““”· That said court may allow amendments in form or substance in any

petition, process, record, or proceeding, or in the description of property proposed to be taken., or of property assessed for benefits whenever suc amendments will not interfere with the substantial rights of the parties interested. ju2·_;gr·~¤—¤=¤>¤ af Sec. 9. That each juror shall receive as compensation the sum of five ` dollars per day for his services during the time he shall be actually V _ engaged in such services under the (provisions hereof. ,_f;g;j;;gj******•¤ M Sec. 10. That the sum of three hun red dollarsis hereby a propriated, out of the revenues of the District of Columbia. to provide the neccssary funds for the costs and expenses of the condemnation proceedings taken pursuant hereto.

l_$}»>1y;=:;i;;¤ ggreigj Si-3c. 11. That no appeal byany interested party from the decision of

e···. the supreme court of the D1StI`lCt of Columbia confirming the assess-· ment or assessments of benefits or damages herein provided for, nor