Page:United States Statutes at Large Volume 18 Part 2a.djvu/35

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30 DISTRICT OF COLUMBIA. Marshal M give Sec. 258. It shall be the duty of the marshal, upon receiving the P order mentioned in the preceding section, to give the_owners not less mg M"" lm, "· than ten days’ notice of the time and place of the meeting of the jury to ,s. 8, v. 12, p. . 802 RSSGSS hl1C1I` (lZ.m3g‘ES. W*¤<=¤ <>*>.i•>¢ii<>¤ Sec. 259. In cases where notice cannot be served on the owner, and “*‘“u *"’ *"°°“"‘“d· in all cases where the land through which it is proposed to run a road lbid. shall belong to a minor or minors, it is presumed that objection is made, and damages shall be assessed accordingly. _ _ Marshal to sum- Sec. 260. The marshal shall summon the jury, and administer an oath

      • 9*% J"? •**'* **•*· or atlirmation to them that they will, without favor or partiahty to any

“"'““““` °“**" one, to the best of their judgment, decide what damage, if any, each Ibid. owner may sustain by reason of running the road through his premises. What the jury Sec. 261. In making their decision the jury shall take into considera-

                • °°**¤*'*°*'· tion the benefit such road may be to each owner by enhancing the value

Ibid. of his land, or otherwise, and shall give their verdict accordingly. Proceeding. upon Sec. 262. The jury, having been upon_the premises and assessed the m,a.,.iDg v,,,-uM_ damages, shall make out a written verdict, to be signed by them, or a ·RT-—·—- majority of them, and attested by the marshal, which the marshal shall 1transmit to the proper authorities at their next meeting, and which shall be recorded. when S, ,,,.-0,,,; Sec. 263. If the proper authorities or any owners of the land are disjury may be sum- satisfied with the verdict thus rendered, and no arrangement being made $**0*****9 P*’°°°°•*· between them, the marshal shall be ordered to summon a second jury of E.; twelve judicious, disinterested men, not related to any one interested, Ibid. to meet and view the premises, giving the parties interested at least ten days’ notice of the time and place of meeting. And the marshal _ and jury shall proceed as beiore directed in regard to the first jury. _ Verdict ofsecond Sec. 264. The verdict of the second jury, signed by each of the jurors, Jury conclusive. or a majority of them, shall be returned to the proper authorities at Ibm_ their next meeting and recorded as dual and conclusive, and the road shall then be declared a public road, and opened as such. Costs, by whom Sec. 265. In all cases where it becomes necessary to summon a sec- Psiu. ond jury to assess damages, if the amount assessed by the second jury ' Ibid_ shall not be greater than the amount assessed by the first, the costs of the second jury shall be paid by the parties objecting to the iirst verdict; but it' greater, they shall be paid by the District. All expenses up to the second jury shall be paid by the District. Fees or marshal Sec. 266. The following tees are payable under the provisions of this and jurors. chapter : Ibid. ‘ MAR HAUS FEES. For summoning each juror the marshal shall be entitled to fifty cents. For travel, per mile, going and coming to the premises to be examined, twelve and a half cents. For each day’s attendance, two dollars and fifty cents. maows mans. For each day’s attendance, two dollars. Materials. how Sec. 267. In any case where materials of any kind shall be deemed

      • “Y *’°°°**‘*°*****°‘*· necessary for making or repairing a public road, if the proper author-

]bid.,g,9,p,80]_ ities cannot agree with the owner as to their purchase, such materials may be condemned in the same manner as provided for in this chapter in cases of condemnation of land for the purposes of a. public road. Iienalty for wm. Sec. 268. If any person shall alter or in any manner obstruct or enful jlniury topubllc ci-oach on a public road, or cut, destroy, deface, or remove any milef"_;___; stones set up on such road, or place any rubbish, dirt, logs, or make any 1 July, 1812, u. pit or hole therein, such person may be indicted, and, upon conviction

 ¤· 7. V- 2, p- thereof before the proper court, shall be fined or imprisoned, in the dis-

‘ crction of the court, according lo the nature of the oiiense.