Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-06

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sulshed. ana che secretary OF war shan take I'm
nate possession ~ the premises but m on or
before ssii day any claim In writing shall be uled
or compensation for land. franchises, or rights
,pademntd ss Aforesaid. or Tor damages. and
the SECRETARY OF War and the claimant shnu
agree on the amount and the title shall not IIs
disputed. compensation shall De- made as provided
in the second section OF this act But m tho
pirues shall not agree on the amount, or IN the
Litle Of The claimant shall be disputed, or Il the
secretary OF Nsr she'll have knowledge OF a valid
title or franchise or right in some person Suhest 20
legal disability FOR whom no Claim has been made
then the Strttaryo OF War shall direct the marshal
NJ the District 10 summon ipsy OF twelve ilaici-
Gus, disnter sted frehollerS not related tonr fha
creditors OF the claimant. or holding stock I'm any
claimant II corporation. e. be- ana apifar AZ the
premises, or a. near thereto rs practicable ON a
day specified u assess the compens alton for inp-
eify condemned or damages, II any, witch the
claimant may sustain by reason ~ the PROPOSED
improvements And the marshal shall sum-
mcnl aud admnSter an oath or qrrsna,,ea 81
each juror that he viii. without favor or partalty
10 any one, to the best ot hts iudgmeut afler in
s{eCuon OF PROMISES and he 1rtng such testimony
as may I've offered, assess the corpenS ,tiaa Tor
property condemned. or damages. II any, which
the claimant may sustain hy ,he rcaSan or the
proposed Improvements; hut ia daiag ATS the Jury
shall take into consideration the NATURE ityhiful-
heoS, ana present Use and p,runia'y value, or
otherwise, 81 the claim. snd the bcnctiiS aud AL
Nant9ges rs well as the damages nSUting e. the
claimant from said Improvements. u shall lIe the
der from the Secretary of Mar - ptye
the claimants Aforesaid not less than ten DAVIS
novice oi the time and place IF the
meeting of the jury. The pip. having
seen the premises considered tho ciahn heard TIE
testimony OF any witnesses "fcri by either party
which witnesses shall he duiA sworn IN either tie
marshal or his deputy, and hNed the comprnsa-
ton or asSeS sef the damages, shall make olu a
written verdict 10 be signed NV the jurors ana at
tested 10y the marshal or his a,ting deputy, which
verdict the marshal shall. without delay. transmit
bo The SECRETARY of War, ana which shan br re-
corded and snail he nnal ana conclusive as 10 the
amount. u no appeal Is taken 10y esther party
within i've DAYS therea ftPr To- the Supreme Cart
of the District of Columhis. lf The Jury shan
not be able t. agree. s.arond, or. II necessary,
successive Iures shall he impancled until
agreement Il had II the secretary 81 War shall
not decide to dispute the title or legal right OF
claimant, or 10 appeal Trnm the verdict, the
amount 20 found shall be paid % the owner or
owners, respectively or 90 such person as Sh,Ii he
authorized IN receive the same for any such own
crs, or II the owner or agent make no demand for
zen days, the amount shall he deposited IN the
Treasury OF the Tinted states 10 the credit OF such
owner or owners. respectively. on such pay
ment or deposit the lee simple of the land
condemned shall vest I'm the United states
the franchises and rights shall be eNtin-
gutshed. and the Secretary OF War Shall take
mn n,,a hossssa9,n OF the promises for
payment shall he made, the owner or owners Of
the property, unless under legal disability, shall,
by good and sufficient deed or deeds, tn due FORM
OF law and approved by the Attorney General of
the United states, fully release and convey 10 the
United States all their aud each Of their several
and respecti6e rights ia said title tosuch lands and
property so condemned: PYorj6ed aiSo That IL the
.Hrlst OF the Jury on an aPpe led ease shall I've Tor
Jury rendered Its verdict. then Go .----rt4ry of
War Shall cause iurtler deposit % bc made,
the United States, OF the excess OF the
second verdict over the nrst Costs OF
narshal'S fines and costs taxed in courts against
the United States shall be paid out OF the sppro-
priati0n for the Improvement provided for in this
act II the Secretary OF War shall decide 10 dis
pufe the right or title Of the claimant appeal
from the verdict, he shall cause tie amount found
10y the verdict of the Jury Ca be deposited fn the
Treasury of the United states snbie,f 10 The order
nff OBJ
IN the suit hereinafter provided for Bn SnCh de-
pest, The fee simple OF the land condemned shaH
vest In the nited States. and the SECRETARY of ar
shall take Immediate possession OF the premises
for the United states
See. 3. That the Attorney General shall on the
nomination OF the Secretary Uf War. appoint q
special counsel, Whose rate OF compensation shall
hot exceed $500 yearly, and shah be- paid out OF
the appropriation for the Improvement. The At
torney General shall cause n suit suits In equity
u be Instituted IN the name ~ the United States,
I'm the Supreme Court OF the District of Columbia
against any and all claimants OF title under any
patent which, IN the opinion OF the Secretary ~
War, was 10y mistake or unasoldaoly or Illegally
issued by officers OF the GniJ"d States or oi the
state OF Maryland, or or the state OF Virginia, Tor
any part OF the marshes or flats In the Potomac
river, In the Washington hArior. and Particularly
against all claimants under what is known the
"Kidwell patent" bearing date in December, 1862
for the purpose OF yacating and canoeing said
PATENT or patents; against all claimants whose
title. franchise, or right Is I'm derogation of the
right or title OF the United States the purpose
or quoting or removing cloud from the title or
the United States: against all persons holding
possession. without right, of any premises con-
demned for public Use under this act, and against
ell persons having title, but under some legal
disability All or any or said parties may
be made defendants in one suit said court
Be taken or del p and nav S''d Il
necessary, enforce any order, or issue wrlts OF
assistance, or any other process for giving posses
sion. DEGREES may be entered and enforced
against any one or more parties defendant with
out awaiting the final determination OF the cause
separate hearing OF each claimant or party de-
fendapt. and may make such orders and DEGREES
and issue such process as IL shall deem necessary
TO bring In new parties, or the representatives OF
parties deceased or OF minors, or other persons
o. this act On filing the bill, writs OF subpoena
may be issued by said court against any parties
defendant, which writ sh al run into any district
and shall be served by the marshal of such dig
trict. Costs which may arise shall be charged a
taxed as the court may direct. The right of APP
peal to the Supreme Court OF the United States
shall exist as in other cases. II the final decree
shall be in favor or the validity OF the title fran
chise, or right OF any claimant or person under
urer OF the United States 10 pay TO said claimant
or to the representatives OF any owners undef
legal disability, the amount deposited In his case
to abide the event OF the suit, or N said amount
has been reduced on appeal, then the reduced
amount II the hnal decree shall be adverse TO
said validity, the court shall order the Treasurer
OF the United States TO place the amount Of said
deposit 70 the credit OF the Secretary OF War on
account or this Improvement
Sec. g. That the control OF all riparian rights of
the United States IN the water-frontageS In the
District OF Columbia, and Of all their rights In
spect OF the shOrIs OF the Potomac river. and OF
any water-lotS flats. or Islands within the shore
lines OF the Potomac river, or OF any tributary
thereof, I'm said District is hereby transferred to
said District, the executive officers OF which shall
have exclusive supervision OF all docks, wharyes.
landings, water-lots, fats, islands, and Waterfront
tageS, and may enforce and defend the same, I'm
court or otherwise, in the name or the District OF
Columbia, subject, however, 10 the provisions OF
this act.