Page:United States Statutes at Large Volume 34 Part 1.djvu/267

F IF TY-NINTH CONGRESS. Sess. I. _Ch. 3076. 1906. 237 a sufficient sum to cover all the costs of the condemnation proceedings herein provided for. Sec. 3. That the said court shall cause public notice of not less than ,,,§g’““° °‘ ¥"°°°°d‘ ten days to be given of the filing of said proceedings, by advertisement Aéveniscmém. in such manner as the court shall prescribe, which notice shall warn all persons having any interest in the proceedings to attend court at a - day 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 damages and assessment of benefits of the jury; and in addi- P"”°"“1‘*°"°°· tion to such public notice said court, whenever in its judgment it is practicable to do so, may cause a copy of said notice to be served by the marshal of the District of Columbia or his de uties u n such owners of the land to be condemned as may be foundp by .said)i)narshal or his deputies within the District of Columbia. _ Sec. 4. That after the return of the marshal and the filing of proof M““‘”““"“"” of publication of the notice provided for in the preceding section, said court shall cause a jury of seven judicious, disinterested men, not related i to any person interested in the proceedings, and not in the service or employment of the District of (jolumbia or of the United States, to be summoned by the marshal of the District of Columbia, to which jurors D“"°“· 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, without favor or partiality, to the best of their judgment, assess the damages each owner of land taken may sustain by reason of the extension of said street and the condemnation of lands for the purposes of such extension, and H d { b. assess the benefits resulting therefrom as hereinbefore provided. The tion? m ° ° lm court, before accepting the jury, shall hear any objections that may be made to any mem ber 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 impaneled to be filled; and after said jury shall have been organized and shall have viewed the premises, said jury shall plroceed, 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 an interest in the proceedings for the extension of_ said street. When tile hearing is concluded the jurv, or a majority of V°*'°*°*~ 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 against the same, including its proportionate share of the cost of the condemnation proceedings herein provided for. _ _ Sec. 5. That if the use of a part only of any piece or parcel of ,,;°§E,,'"§,}"{2,‘§ "°'“’ ground shall be condemned, the jury, in determining its 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 a inst such part of such piece or parcel of land as may not be taken as Edreinbefore provided. Sec. 6. That the court shall have dpower to hear and determine any Review cfverdicrobjections which may be filed 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 shall be summoned, who New iursshall 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 case of the first jury: I’:·0e·ided, That if vacated in part, the residue mivammin of the verdict and award as to the land condemned or assessed shall pm. not be affected thereby: And pmdded farther, That the exceptions or objections to the verdict and award shall be filed within thirty days Films ¤=¤~···v¤<»¤¤~ after the return of such verdict and award.