Page:United States Statutes at Large Volume 34 Part 1.djvu/45

FIFTYYNINTH CONGRESS. Sess. I. Cus. 256, 257. 1906. 15 be necessary to provide proper facilities for navigation, and other purposes of public interest. Sec. 2. That in case any litigation arises from the building, opera- L*“g“**°°· tion, and maintenance of said dam, canal, and appurtenant works, or from the obstruction of the river by the same, or any damages resulting to (private property by overflow or otherwise, proceedings to adjust, etermine, and to recover com nsation for such damages shall be instituted either in the State or Feddral courts. Sec. 3. That this Act shall be null and void unless the dam, canal, ,,;}'“° °* °°'”*'“°` and appurtenant works herein authorized be commenced within three ` ykparsx and completed within six years from the time of the passage of t is ct. Sec. 4. That the right to amend or repeal this Act is hereby ex- Am°¤d¤°¤*· pressly reserved. Approved, February 16, 1906. (QHAP. 257.-An Act Authorizing the extension of Rhode Island avenue north- F¤b¤’¤§'Y5g% 1906. 028 .' Public, No. 17. Be it enacted by the Semzte cmd House of Representatives of the United _ 1 States of America in Congress assembled, That the Commissioners of I§§t{$',Zl,{’,5,$’§f},"{,lQl§'g the District of Columbia be, and they are hereby, authorized and I“ {*.“°·t0 com directed, within ninety days from the approval of this Act, to insti- demu mn K;. _ tute roceedings to condemn the land necessary for the extension of Rhode Island avenue from Lincoln road to Fourth street east, with a width of one hundred and thirty feet. Sec. 2. That all of the amount found to be due and awarded as ¤gQ‘f’$,$;’,f_.j’,§£°”‘ damages for and in respect of the land condemned for the extension of Rhode Island avenue, as herein provided, 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 avenue as extended, and also on any or all pieces or parcels of land which will be benefited by the extension of said avenue, as said jury may find said pieces or parcels of land will be benefited, 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 tpieces or parcels of land and the benefits they may severally receive rom the extension of said avenue as aforesaid. Sec. 3. That the said court shall cause public notice of not less than mNy**¤¤ 0* P¤>¤•=¢d· ten days to be given of the filing of said proceedings, by advertise- iidvenisemeuz. ment in such manner as the court shall prescribe, which notice shall warn all persons having an interest in theproceedings to attend court at a day to he named in said_ notice, and to continue in attendance until the court shall have made its final order ratifyin and confirming the award of damages and assessment of benefits of the jury; and in addi- *’•“=¤•>¤¤* Servicetion 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 deputies, upon suc owners of the land to be condemned as may be found by said marshal, or his deputies, within the District of Columbia. Sec. 4. That after the return of the marshal and the filing of proof M°”l‘“"*$“¤'· of publication of the notice provided for in the (preceding section, said court shall cause a jury of 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 States, to be summoned by the marshal of the District of Columbia, to which jurors said court shall administer an oath or affirmation that Duties. they are not interested in any manner in the land to be condemned,