Page:United States Statutes at Large Volume 30.djvu/1383

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FIFTY-FIFTH CONGRESS. Sess. III. Ch. 4.31. 1899. 1345 depth of two hundred feet from the building lines of said Eleventh street as extended. Sec. 4. That within ninety days atter the passage of this Act the E¤¢¤¤ei¤¤ ·>f Mw Commissioners of the District of Columbia be, and they are hereby, H°""P°h"° "°"°` authorized and directed to institute by a petition in the supreme court of the District of Columbia, sitting as a District court, a proceeding to condemn the land necessary for the extension of New Hampshire avenue from the intersection of Whitney and Sherman avenues to the west line of Bri ghtwood avenue at its intersection with the Bock Creek Church road, the same to be on a straight extension and of the same width of said avenue as now established in the subdivision of Petworth. That of the amount found due and awarded as damages for and in B,§j;$·¤¤°¤*¤ ¤§¤*¤¤*· respect of the land condemned under this Act for the extension of said u ng pmm y` New Hampshire avenue, at least one-half thereof shall be assessed by said jury in said proceedings against those pieces or parcels of ground abutting that portion of New Hampshire avenue to be opened, and extending to a depth of two hundred and fifty feet, measured on each side of the building lines of the said New Hampshire avenue as widened, and also on such other pieces or parcels of land as may, in the judgment of the said jury, be benefited by the extension and widening as herein proposed. Sec. 5. That the proceedings for the condemnation of said lands as Condemnation proprovided for in sections one, two, three, and four of this Act shall be °°}’§§§§j C_,,,,,_2,,30_ under and according to the provisions of chapter eleven of the Revised ‘ Statutes of the United States relating to the District of Columbia, which provide for the condemnation of lands in said District for public highways; and to provide the necessary funds for the cost of such condemnation proceedings, the sum of two thousand dollars is hereby appropriated, out of the funds of the District of Columbia. Sec. 6. That payment of the sum or sums of money adjudged to be Pnymem. due and payable for lands taken under the provisions of this Act shall be made by the Treasurer of the United States, ex officio commissioner of the sinking fund of the District of Columbia. upon the warrant of the said Commissioners, out of the revenues of the District of Columbia; and a sufficient sum to pay such judgments and awards is hereby appropriated out of the revenues of the Di trict. Sec. 7. That the sums to be assessed against each lot and piece and ‘__?<·¤¤i<1¤¤·¤i¤¤¤ of parcel of ground shall be determined and designated by the jury, and “°‘ in determining what amount shall be assessed against any particular piece or parcel of ground, the jury shall take into consideration the situation of said lots, and the benetits that they may severally receive from the opening of said streets. When the use of a part only of any piece or parcel of ground shall be condemned, the jury, in determining its value, shall not take into consideration any benefits that may accrue to the remainder thereof from the opening of said streets or highways, but such benefits shall be considered in determining what assessment shall be made on or against that part of such lot as is not taken, as is hereinbefore provided. Snr:. 8. That when confirmed by the said court, the assessments shall H A¤¤$¤¤¤¤•=¤t¤ w be severally be a lien upon the land assessed, and shall be collected as °"‘° °‘ special improvement taxes in the District of Columbia, and shall be pnvuble in five equal installments, with interest at the rate of four per eentnm per annum until paid: Provided, That each juror shall receive jamie-Ms a compensation of five dollars per day for his services during the time ` he shall be actually engaged in such services under the provisions oi this Act; And provided further, That no appeal by any interested party nnfegjgggfbew from any decision of the supreme court of the District of Columbia con- pm. em. iirmin g said assessment or assessments shall delay or prevent the pay- ment of said awards in respect to the property condemned. Sec. 9. That payment of the awards made in respect of the property ;h¤··_g_;g8;¥g;¤1=;;1¤cg:: condemned shall not be made until the assessments herein provided for mma. shall have been made against the atbresaid property and duly confirmed. Approved, March 3, 1899. von xxx-—-So