Page:United States Statutes at Large Volume 20.djvu/252

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FORTY-FIFTH CONGRESS. Sess. II. Ch. 359. 1878. 227 hundred and nineteen feet of lot numbered two; five hundred and seventy-three feet of lot numbered three; two hundred and ninety-seven feet of lot numbered four; and twenty-five feet of lot numbered five, all in square five hundred and seventy-five; and two thousand six hundred and sixteen superficial feet of original lot numbered nine, square five hundred and seventysix, in accordance with a plot of the ground intended to be purchased, a copy of which shall be deposited with the Secretary of the Interior: Provided, That authority and permission are Proriso. hereby granted to take and use, for the purpose of completing the roadways and foot-walks around the circles as aforesaid, so much of the corresponding grounds of the Botanical Garden as may be necessary. That it shall be the duty of the Secretary of the Interior to purchase Appropriation. the ground above named from the owners thereof, the value of the property so purchased to be paid to the owner or owners thereof, out of any money in the Treasury not otherwise appropriated, on the requisition of said Secretary: Provided, That before such payment shall be made, Conveyance of u- the owner or owners of the property purchased shall, by good and suf- lkficient deed or deeds in due form of law, and approved by the Attorney- General of the United States, fully release and convey to the United States all their and each of their several and respective rights in said title to such lands and property so purchased. That to ascertain the value of said property, it shall be the duty of Aacerlainment of the Secretary of the Interior to make application to the supreme court Valueof the District of Columbia by petition, containing a particular description of the property required, with the name of the owner or owners thereof, and his, her, or their residence, as far as the same can be ascertained, which court is hereby authorized and required, upon such application, in such mode, and under such rules and regulations as it may adopt, after notice to the owners of the said property, either by summons or order of publication, once a week for four successive weeks, in one or more newspapers published in the city of Washington, and shall appoint five commissioners, freeholders of the District of Columbia, to make, under oath, a just and equitable appraisement of the cash value of the several interests of each and every owner of the real estate and improvements thereon necessary to be taken for the public use, in accordance with the provisions of this act; and in all such appraisements, both damages, as well as all benefits and advantages, shall be taken into consideration; which appraisement shall be subject to ratification by said court. That the fee-simple of all premises so appropriated for public use, of _ Fwgvimplv fv mf which an appraisement shall have been made under the order and direc- '" U"'"'} S“"°’· tion of said court, shall, upon payment to the owner or owners respectively, or to such person as shall be authorized to receive the same for any such owners, of the appraised value, or in case the said owner or owners refuse or neglect for fifteen days after the appraisement of the cash value of said lands and improvements by said court to demand the same from the Secretary of the Interior, upon depositing the said appraised value in the said court to the credit of such owner or owners respectively, be vested in the United States; and the Secretary of the P¢arM¤¢· Interior is hereby authorized and required to pay to the several owner · or owners respectively, or to such person authorized as aforesaid, the appraised value of the several premises, as specified in the appraisement of said court, or pay into court by deposit, as hereinbefore provided, the said appraised values. That said court may direct the time and manner in which possession Possession. of the property condemned shall be taken or delivered, and may, if necessary, enforce any order or issue any process for giving possession. The cost occasioned by the inquiry and assessment shall be paid by the Coats. United States; and, as to other costs which may arise, they shall be charged or taxed as the court may direct. That no delay in making an assessment of compensation or in taking In me of doubtpossession shall be occasioned by any doubt which may arise as to the .7*** °'°”°"°W*·