Page:United States Statutes at Large Volume 33 Part 1.djvu/1066

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FIFTY-EIGHTH CONGRESS. Sess. IH. Ch. 1409. 1905. 979 damages sustained by reason of the extension of said street under the provisions thereof, and of the pieces or parcels of land benefited by such extension and the amount of the assessment for such benefits against the same, including its proportionate share of the cost of the condemnation proceedings herein provided for. Sec. 5. That if the use of a part only of any piece or rcel of Mw?} "·*¤° ground shall be condemned, the jury, in determining its valiie, shall not take into consideration any benefits that may accrue to the remainder thereof from the extension 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 ereinbefore provided. . Sec. 6. That the court shall have power to hear and determine any R""' °"°"”°*- objections which may be filed to said verdict or award, and to set aside an vacate the same, in whole or in part, when satisfied that it is unjust or unreasonable, and in such event a new jury shall be summoned, who shall proceed to assess the damages or benefits, as the case may be, in respect of the land as to which the verdict may be vacated, as in the case of the first jury: Provided, That if vacated in ff,‘{,'§{,°{, ummm part, the residue of the verdict and award as to the land condemned or wrt assessed shall not, be affected thereby: And provided further, That the Fm¤8¢X°¤P*i0¤l exceptions or objections to the ver ict and award shall be filed within ‘ thirty days after the return of such verdict and award. Sm. 7. That when the verdict of said jury shall have been finally P‘”“°"‘°""“"*"· ratified and confirmed by the court, as herein girovided, the amonmts of _ money awarded and adjudged to be payable or lands taken under the provisions hereof shall be paid to the owners of said land by the Treas- ` urer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon_ the warrant of the Commissioners A mu no of said District, out of the revenues of the District of Columbia; and mdigzwmwiila. m a sufficient sum to pay the amounts of said judgments and awards is hereby appropriated out of the revenues of the istrict of Columbia. Sec. 8. That when confirmed by the court, the several assessments m€§{§$°“°“ °* "“"*" herein rovided to be made shall severally be a lien upon the land assessed), and shall be collected as special improvement taxes in the District of Columbia, and shall be payable in two equal annual installments, with interest at the rate of ten per centum per annum from and after sixty days after the confirmation of the verdict and award. In all cases of payments the accounting officers shall take into account d,£€$E§;°{§,j2§€,” the assessment for benefits and the award for damages, and shall pay only such part of said award in respect of any lot as may be in excess of the assessment for benefits against the part of such ot not taken and there shall be credited on said assessment the amount of said award not in excess of said assessment. Sec. 9. That said court may allow amendments in form or substance Y¤¤>·¤·¤¤¤•· in any petition, process, record, or proceeding, or in the description of property proposed to be taken, or of property assessed for benehts whenever such amendments will not interfere with the substantial rights of the parties interested. Sec. 10. That each juror shall receive as compensation the sum of ,uQ;_*f*P°¤¤¤**°¤°* five dollars per day for his services during the time he shall be actually en ged in such services under the lprovisions hereof. Sumo. 11.-That the sum of three undred dollars is hereby appro· u·;gg;'g"*°**°¤ *°’ priated, out of the revenues of the District of Columbia, to provide ` the necessary funds for the costs and expenses of the condemnation roceedings taken pursuant hereto, to be repaid to the District of Columbia from said assessments for benefits when the same are collected ” h°’°i“ "‘}’Km°d‘ i b as f i. d A pm Sec. 12. at no appea y any interes rty rom the ecision P =¤¤¤¤d·j¤v of the supreme court of the District of Columbia? confirming the assess- °! m°°°‘ m'