Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-04-17
BY AUTHORTTY.
LAWS oF TIE UNITED STATES.
Pub 10.

Pub. lU.
AN ACT to esquire certain lands needed for tbs
Washington Aqueduct, in the District Of Column
Sbia
WHsREAs, il is represented that the works of the
Washington Aqueduet, in the District Of Coluu.
oia, are delayed in consequences Of the prOprie-
tors refusal IN some cases. to sell lands required
for its construction at reasonable prices and be-
cause in other cases. the title to the said land is
imperfect, or is vested in minors or persons non
cempos ments, or in femme covert, or out of the
District Of Columbia; aud whereas it is necessary
for the making Of the said a9ueduct, reservoirs
dams, ponds feeders, and other works, that q
provision should he made for condemnings guam
tity of land for the purpose therefore
Be n enacted By the Senate and House of RsBvssen-
tati' Of he United States Of America in Congress
assembled, That it shall and may be lawful for the
United States, or its approved agent to agree with
the Ownars Of any land in the District Of Columbia
through which said aqueduct is intended to pass.
for the purchase use and occupation thereof; and
in case Of disagreement in case the owner there
Of shall be femme covert, under age, non compos,
or out Of the District Of Columbia, on application
TO the 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 to
jury Of eighteen inhabitants Of said District, NOT
related to the parties nor in any other manner in
terssted, to meet the land 20 be valued, at day
to be expressed in the warrant not less than ten,
nor more than twenty days thereafter; notice OF
time and place Of said meeting being 6rst given to
the owners Of su0h land, their legal represen-
taives in person If that be practicable and if not
BY publication in some Washington city newspaper
daily for two weeks, and the marshal, upon re-
oeving the said warrant, shall forthwith summon
the said jury, and When met, shall administer an
oath or affirmation TO every juryman who shall Gp-
pear, being not less than twelve in number that he
will faithfully, justly, and impartialy value the
land; and all damages the owner thereof shall sus-
l tain bv fho mt u~bcr oh nd
the psrtialOr.temporary appropriation use,
patton Of such land according the best Of his skill
aud Judgment; and that in such valuation he will
not spare any person for favor affection, nor any
person greve for malice, hatred i'll WILL and the
nQuisition thereupon taken shall be signed by the
marshal and four-ffths of the said jury, and re-
turned by the marshal to the circuit court for the
District of Columbia and unless good cause be
shown against the said inquisition it shall be af-
rmed by the court atits first term after said return
and recorded but if from any cause, no inauision
shall be returned 10 such court within one month
after the commencement Of the ensuing term the
said court at its discretion, often as may be ne.
cessary direct another inqusitOn to be taken in the
manner above prescribed; and upon every such val
uatiOn the jury is hereby directed to describe and
ascertain the bounds Of the land by them valued,
and the quality and duration Of the interest and es-
tate in the required by the said United States
for the of the aqueduc and their valuation shall
be conclusive on all persons, and shall be paid for
by the said United States its authorized agent to
the owner Of the land, his, OF her. or their legal
representative; and, on payment thereof, the said
United States shall be seized Of such land as of an
absolute estate in perPeuy or with such less guam
ty and duration Of interest estate in the same
subject to such partial temporary 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 construc-
ton of the said aqUeduct or any Of the works there
IF
Duets culverts, bridges, works of any other des-
cripton whatsoever appurtenant thereto it shall be
necessary to earth, timber, stone, or gravel or
any other material to be found any Of the lands
adjacent thereto, and the said United States
or their agent cannot procure the same for the works
aforesaid by private contract Of the proprietor or
owner, or in case the owner should be femme co.
vert co npOs, under age, out of the Dis
tFiet the same proceedings in all respects shall be
had as in the case before mentioned Of the assess
ment and condemnation of the lands required for
the said aqueduet or the work Observation-Disclosures
Provided That the work shall not be delayed pend
ing any such proceeding in court but the same shall
be continued without obstruction thereby after the
inquisition shall be returned to the court.
SEC. 2. And be further enacted 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 squeduot Orin the owner Should be
femme covert, under age, non oompos or out Of
the said District of Columbia, and no person duly
authorized to receive the same, that the United
States its agent be authorized, by petition to the
circuit court for the District Of Columbia and upon
said courts order, to deposit the money for which
the said land was condemned in the place directed
by said court and the certificate of the proper officer
of said deposit shall be considered as full payment
for said land and thereby vest in the United States
absolute estate in perpetuity, with such less
quantity and duration of interest in the same, as
subject to such partial or temporary or permanent
occupation shall be required and described
as aforesaid if conveyed by the owner owners of
said land
SEC. g. And be Il further enacted, That it shall be
the duty of said circuit court to hear and determine
to whom the saidmoney does belong and upon being
satisfied to whom the land did belong to pass their
decree directing the clerk Of said court to pay
to the owner the same money deposited above,
after deducting expenses The court is further
authorized direct the mode for trying the case,
and the litgants have the right of appeal provided
the sppea! is taken whiting sixty days from the
decree of said court.
Approved April 8, 1858.