, 1858-12-03


occupation thereof; and in case Of disagree
ment, or in case the owner thereof shall be
o femme covert, under age, non compos, or
out of the District of Columbia, on appli-
cation to a Judge Of the circuit court of
said District, the said judge shall issue his
warrant, under his hand, to the marshal Of
the said District 10 summon o jury OF eigh-
teen inhabitants Of said District not related
to the parties, nor in any manner interest
ed. TO meet on the land to be valued, at a
day to be expressed in the warrant, not
less than ten nor more than twenty days
notice of the time and place of
said meeting being first given to the own
crs of such land or to their legal represen-
tatives, in person if that be practicable,
and, if not, by publication in some Wash
ington city newspaper daily for two weeks;
and the marshal, upon receiving the said
warrant, shall forthwith summon the said
Jury, and, when met, shall administer an
oath or affirmation TO every juryman who
shall appear, being not less than twelve in
number, that he will faithfully, justly, and
impartially value the land, and all damages
the owner thereof shall sustain by cutting
the aqueduct through such land, or the
partial, or temporary, or permanent nppro-
priation, use, or occupation of such land,
according to the best of his skill and judg-
ment; and that in such valuation he will
not spare any person for favor or affection,
nor any person grieve for malice, hatred,
or i'll will; and the inquisition thereupon
taken shall be signed by the marshal and
fourffths of the said jury, and lbe] re-
turned by the marshal to the circuit court
for the District of Columbia; and, unless
good cause be shown against the said in
QUESTION, it shall be affirmed by the court
at its first term after said return and be
recorded; but if, from any cause, no inqui-
sition shall be returned to such court within
one month after the commencement Of the
next ensuing term, the said court shall,
at its discretion, as often as may be ne
cessary, direct another inquisition to be
taken in the manner above prescribed; and
upon every such valuation the jury is here
by directed to describe and ascertain the
bounds of the land by them valued, and the
quality and duration of the interest and
estate in the same required by the said
United States for the use Of the aqueduct,
and their valuation shall be conclusive on
all persons, and shall be paid for by the
said United States, or its authorized agent,
to the owner Of the land, or his, or her, or
their legal representative and, on pay
ment thereof, the said United States shall
be seized of such land as Of an absolute es-
tate in perpetuity, or with such less guam
tity and duration Of interest or estate in the
same, or subject to such partial or tempo.
rary appropriation, use, or occupation as
shall be required and desired as aforesaid,
as if conveyed by the owner to the said
United States and whenever, in the con.
struction of the said aqueduct, or any Of
the works thereof, reservoirs, dams, ponds
feeders, tunnels, aqueduct, culverts, bridges,
or works of any other description whatso
ever appnrtenant thereto, it shall be neces-
sary to use earth, timber, stone, or gravel
or any other material to he found on any
of the lands adjacent or near thereto and
the said United States or their agent can
not procure the same for the works afore-
said by private contract Of the proprietor
or owner; or in case the owner should be a
femme covert or non compos, or under age,
or out OF the District, the same proceed.
lings, in all respects, shall be had as in the
case before mentioned of the assessment
and condemnation of the lands required for
the said aqueduct or the work appurtenant
thereto: Prorided, That the work shall not
be delayed pending any such proceeding iu
court, but the same shall be continued
without obstruction thereby, after the in
QUESTION shall be returned to the court.
SEC. 2. And be II further eHacted That it
shall and may be lawful for the United
States or its agent, in case of any dispute
or difficulty arising as to the ownership Of
the land condemned as above for the use OF
said aqueduct, or in case the owner should
be femme covert, under age, non compos,
or out of the said District of Columbia,
and no person duly authorized to receive
the same, that the United States or its
agent he authorized, by petition to the cir
cult court for the District Of Columbia, aud
upon said courts order, to deposit the
money for which the said landawas con-
demned in the place directed by said court,
and the certificate of the proper officer OF
said deposit shall be considered as foil
payment for said land, and thereby vest in
the United States an absolute estate in
perpetuity, or with such less quantity aud
duration Of interest in the same, as subject
to such partial, or temporary, or permanent
use or occupation as shall be required and
described as aforesaid, if conveyed by the
owner or owners Of said land.
Sec. 8. And be IL further enacted, That it
shall be the duty of said circuit court to
hear and determine to whom the said mon
ey does belong, and, upon being satisfied
as to whom the land did belong, to pass
their decree directing the clerk of said
court to pay over to the owner the same
money deposited as above, after deducting
expenses. The court is further authorized
to direct the mode for trying the case, and
the litigants have the right of appeal, pro-