Page:United States Statutes at Large Volume 33 Part 1.djvu/611

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FIFTY-EIGHTH coiyoasss. sm. 11. on. 1771. 1904. 523 north end of Adams Mill road in Lanier Heights with the south end of Park road in Ingleside by; a highway fifty feet wide along or near the eastern boundary of the Zoological Park, also for connecting Cathedral avenue with Klingle road b a highway fifty feet wide along or near the western boundary of the Zoological Park, all in accordance with plans on file in the office of the Engineer Commissioner, District of Co umbia. Sec. 2. That of the amount found to be due and awarded as damages Assessment of damfor and in respect of the land condemned for the connectin h' hways °‘°""° b°"°m" as herein provided, such amount thereof shall be assessed bv the jury . hereinafter provided as benefits, and to the extent of such benefits against those pieces or parcels of land on each side of said highways, and a so on any or all pieces or parcels of land which will be benefited by the opening of said highways, as said jur * may iind said pieces or parcels 0 lan will be benefited; and in determining the amounts to be assessed against said pieces orparcels of land the jury shall take into consideration the respective situations of such pieces or parcels of land and the benefits they may severall receive from the opening of the highways as aforesaid: 1’r·0vided, {hat if the aggregate amount of the €¤w¢=;<;·n { mh, benefits to be assessed, as determined by said jury pursuant to the www 0 0 W provisions hereof, is less than one-half of the amount of the damages awarded for and in respect of the land condemned, the Commissioners of the District of Columbia may. in their discretion, reject the award 'and assessment of said jury and all proceedings hereunder shall be null and void. I _ Sec. 3. That the said court shall cause public notice of not less than i Nom <>* r>¤>¢¤>°· ten days to be given of the filing of proceediyjg, by advertise- Tdvsmmm ment in such manner as the court shall prescribe.} Hgh notice-shall warn all personsbaving any interest in the proceedings im attend court at a day to be named in said notice and to continue in attendance until the court shall have made its final order ratif ing and confirming the award of damages and assessment of benefits of the jury; and in Persons! service. addition 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 such owners of the land to be condemned as maybe 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**”***"*‘i“'>'- of publication of the notice provided for in the receding section, said court shall cause a jury of seven judicious, drisinterested 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 aiii rmation that they are not interested in any manner in the land to be condemned nor are in any way related to the parties interested therein, and that they will, without favor or partiality, to the best of their judgment, assess the dama each owner of land taken may sustain by reasouof the open— ing oigesaid highways and the condemnation of lands for the purposes of such opening, and assess the benefits resulting therefrom as hereinbefore provided. The court, before accepting the jury, shall hear any m§;¤¤¤s <>f <>b5¤¢~ ob`ections that may be made to any member thereof, and shall have ` full power to decide upon all such objections, and to excuse any juror or cause any vacancy m the jury, when impaneled, to be filled; and after said jurv shall have been organized and shall have viewed the premises, said 'ury 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 evidence as may be offered or submitted on behalf of the District of Columbia and by any person or persons having any interest in the proceedings for the opening of said highways. W hen the hear- V¤¤¤¤¢·