Page:United States Statutes at Large Volume 33 Part 1.djvu/603

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FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 1763. 1904. 515 or cause any vacancy in the jury, when impaneled, to be hlled; and after said jury shall have been organized and shall have viewed the premises, said jury shall proceed, in the presence of the court, if the court shall so direct, or otherwise as the court may direct, to hear and receive such ev1dence as may be offered or submitted on behalf of the District of Columbia and by any person or persons having an interest . m the proceedings for the joining of said street. When the hearingis conclu ed the jury, or a majority of them, shall return to said court, in writing, its ver `ct of the amount to be found due and payable as damages sustained by reason of the joining of said street under the provisions thereof, and of the ieces or parcels of land benefited by · ranch joining and the amount of the assessment for such benefits against e same. Sm:. 5. That if- the use of a part only of any iece or arcel of V°*°i*=*· ground shall be condemned, the jury, in determinfhg its valine, shall uigehwé mu not take into consideration any benefits that may accrue to the remainder thereof from the joining of said street or highway, but such benefits ` shall be considered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not be taken as hereinbefore rovided. Sec. 6. That the court shall have power to hear and determine an Review °* "€*·“°*~ objections which may be filed to said verdict or award, and to set asidh and vacate the same, in whole or in part, when satisfied that it is unjust or unre•sonable,and in suchevent a new ju shall be summoned, who New jury- shall proeeed to assess the or benegs, as the case may be, in respect or the land asto which r verdict ngybe vacated, as in the caseof theiirst jury: Hwided, That if vaca in part, the residueof H Wim the verdict and award as to the land condemned or assessed- shall not ni pm. ’ be affected thereby: And provided fm•tk¤r, That the eieeptions or F¤*¤¤¤¤¤r>¤¤¤=` objections to the verdict and award shall be filed within thirty days ° after the return of such verdict and award. . · Sec. 7. That when the verdict of said jury shall have been finally P•¥¤¢¤*°*'°*'“°*- ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken under the provisions hereof shall be paid to the owners of said land by the Treasurer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon the warrant of the Commissioners of said District, out of the revenues of the District of Columbia; and DAx;j>y<>prig=¤i¤¤ from a sufficient sum to (pay the amounts of said jludgnents and awards is m °"°`°"°°”' hereby apgropriate out of the revenues of the istrict of Columbia. Sec. 8. hat when confirmed by the court the several assessments ”;£s:§n¤jj1<>¤¤ cf herein rovided to be made sha! severally be a lien upon the land " assessed? and shall be collected as special imiprovement taxes in the District of Columbia, and shall be yable in ve equal annual install· . ments, with interest at the rate offour per centum per annum from anpl afjzpr sixty days after téllzje confirmationigf the yleadicj; and award. n a cases of pa ments e accountin o oerss ta e into account ¤•¤¤¤g ¤W•¤*¤ ds the assessment forybeneiits and the awagd for damages, and shall pay dum m mnenm only such part of said award in respect of any lot as ma * be in excess of the assessment for benefits against the part of such lot not taken, and there shall be credited on said assessment the amount of said award not in excess of said assessment. That said court may allow amendments in form or substance in any ***0**8* petition, process, record, or proceeding, or in the description of property proposed to be taken, or of property assessed for benefits whenever suc amendments will not inter ere with the substantial rights of the parties interested. Sec. 9. That each juror shall receive as compensation the sum of jufgg*P°“”**°" ·>' five dollars per day for his services during the time he shall be actually " engaged in such services under the provisions hereof.