Page:United States Statutes at Large Volume 33 Part 1.djvu/822

FIFTY-EIGHTH CONGRESS. Sess. 1II. UH. 734. 1905. 735 "‘ Sec. 1608g. 'ljhat after the return of the marshal and the filing of M“”“1`*j“"'· groof of publ1cation of the notice provided for i·n the preceding section, smd court shall cause a jury of five judicious, disinterested men, not {elated to any person interested in the proceedings and not in the scrvncc or employment of the District of Columbia or of the United States, to be summoned by the said marshal, to which jurors said court gshall administer an oath or afHrma.tion that they are not inter- .e,sted m any manner in the land to be condemned nor in any way related tq the parties interested therein, and that they will, without favor Dudes. or partmlity, to the best of their judgment, assess the damages each · 0wner_0f land taken may sustain by reason of the opening, extension, widemng, or straightening of said alley 01* minor street and the condemnation of lands for the pugvoscs thereof, and assess the bcneiits resulting therefrom as hcrom ter provided. The court, before ac- m}L¤’*¤¢ °* °*·1•°· ccpting the jury, shall hear any objections that may be made to any mqmber thereof, and shall have full power to decide upon all such objections, and to excuse any juror or cause any vacancy in the jury, when impunaled, to be tilled; and after said jury shall have been organized and shall have viewed the premises, said jury shall proceed 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 in the proceedings for the opening, extension, widening or stnightéuing of said alley or minor street; but all such hearings shui} be in opreseucc of tho court and under its supervision and direction. When the hearing is concluded the jug, or a. majority of V¢¤¤•=*~ them shall return to said c0urt,_in writing, its ve ict of tl.c Amount fouué to be duo and payable ud damages sustained byrcasun of the _ said 0extension, widening, or straightening under. the provisions aml ofthé pieces cr parcels of jand b6I\¤86$Bdr by such opening, extension, widening, or straightening, and the amount of the assessment for such benefits against the same. ·\ "S¤c. 1608h. That if I1 part only of any piece or parcel of ground Oflxtrggwgg v=¤¤¤ shall be condemned, the jury, in determining its value, shall not take ` into consideration any benefits that may accrue to the remainder thereof from such opening, extension, widening, or straightcmng, but such benefits shall be cousndered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not be tgakch as hcrcinbcfore provided. “ Sm:. 1608i. That the court shall have power to bear and determine .R°**·>** ·>* "=¤¤¤*~ any objections which may be tiled to said verdict or award, and to set aside and vacate the same, in whole or in part, when satisfied that it is unjust or unreasonable, and in such event a new jury in the case, hav- N*‘=WJ¤¤’· ing the qualifications hcroinbefore mentioned, 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 ease of the first jury: Prmrided, That the exceptions or objections to {ammo:. U the verdict and award shall be filed within thirty days after the return "“°°’°° °"“‘ of Such verdict and award: Andprovided_f}¢rthe:·. [hat if the court is p_*}[“°”“'**°*“°" in satisfied th at rt of the verdict or award should be set aside or vacated, than and in tg; event, at the election of the said Commissioners, the court shall set aside and vacate the entire verdict or award and a new jurv shall be summoned in the case as aforesaid. The verdict of a. new jur} summoned in accordance with the provisions of this section shall be Hnal, and if the amount of damages assessed by any new jury summoned as aforesaid shall not be greater, or if the assessment of benefits shall not be less, than the amount assessed by the jury first summoned, accordin as the objection to the verdict may have been to the asscssment of gamages or benefits. the costs of the new jury shall be assessed °°°‘°·