Page:United States Statutes at Large Volume 34 Part 1.djvu/565

FIFIY-NINTH CONGRESS. Sess. L Ch. 3563. 1906. 535 twenty days after due notice to the parties in interest, which notice shall be given in the form required by the order of said supreme court of the District of Columbia, or a judge thereof, appointing said commissioners, and said commissioners shall proceed to estimate, after viewing the premises, the value of the land so proposed to be taken by said company, and the damages, if any, to the residue of the tract so taken or occupied, or to be taken or occupied, or the material so used or taken away, as the case may be, having due regard to and makin just allowance for the advantages which may have resulted, or which may seem likely to result, to the owner or owners of said land or materials in consequence of the making or opening of said railroad and of the construction of the works connected therewith, and after having made a fair and just comparison of said advantages and disadvanta es they shall estimate and determine whether any and, if any, what amount of damages have been or may be sustained, and to whom payable, and make report in writin signed by them, or a majority of R¤1¤¤f~ them, and file the same with the dlerk of the supreme court of the District of Columbia; and if any damages be awarded, and the D¤·¤1¤8¤¤· report be confirmed by the said court, judgment shall be entered thereon, and if the amount thereof be not paid within thirty days after the entry of suchjudgment execution may issue thereon as in the case of other judgments of said court for the sum so awarded, and the cost and expenses incurred shall be defrayed by the said railroad company; and each of said commissioners shall be entitled to ten dollars per day for every day necessarily employed in the (performance of the duties herein prescribed, to be paid by such railroa company. Said return of said °°¤*¤’¤¤¤°¤- commissioners shall be confirmed by said court, or a jud e thereof, at any time after the expiration of ten days from and aftertbe date of the filing of said re rtwith the clerk of said court, unless an appeal from said award shaiiobe taken and perfected as hereinafter provided; and *PP°"'· either party may appeal to the said court within ten days from and after the return of the said award to said court by filing notice of such appeal with the clerk of said court, and u n said appeal the case shall be docketed in said court in the ordinary fdrm, in which the company shall be plaintiff and the other parties shall be defendants, and shall be tried by a jury, if either rty shall re uire the same, according to the ordinary course of trialgr jury in said court. Should said com- 1>¤¤»¤1¤¤ panning pany desire to take possession of the land and property mentioned in "”°"l‘ its said application prior to the determination of the appeal, it shall have the right so to do upon paying into court such sum of money as the court may deem necessary to pay such judgment as the court ma render upon the trial of the appeal. n case the judg- casa ment rendered b * the court upon said appea , either with or without a trial by jury, shall be fora sum less than the amount awarded by the commissioners aforesaid, then the costs shall be paid by the parties defendant; in case the judgment shall be for a greater sum than the amount awarded by the commissioners, then the costs shall be paid by the company, and judgment for costs shall be rendered accordingly. Upon payment of the judgment rendered by saidcourt, either upon mgm, mn mgm the confirmation of the award or upon the trial of the appeal, to the gguK;?{;¤g)¤;>*;jt§·;_*¤*¤ parties entitled, or into the court, the company shall be entitled to all " the rights, interests, and estate of the parties to the proceeding to the same extent as if the same had been legally conveyed by them in fee simple to said company, unless the said company shall within ten days after the rendition of said judgment disclaim the taking of said property, which shall be done in writing and filed in said cause. An Annuiappeal shall lie from the judgment of said court to the court of appeals of the District of Columbia, and to *he Supreme Court of the L nited States, as now allowed by law in otner cases, and the said company conmumsn. shall be, and is hereby, authorized and empowered to construct,