Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-09-26

domination, at the price approved by the Presi-
dent Of the United States, IL shall, ct the expi-
ration Of such period Of thirty days, mako
application 70 the Supreme Court Of the Dis
special term. for an assessment Of the value Of
such Land a. il has been unable TO purchase.
''Said petition shall contain . particular
description Of the property selected and con-
demnsd, with the name Of the owner OF owners
thereof, il known, and their residences, a far
a. the same may be ascertained, together with
q copy Of the recorded map Of the park; and
the said court h hereby authorized and re-
quired, upon such application, without delay,
to notify the owners and occupants of the land,
il known,by personal service, and il unknown,
by service by publication, aud to ascertain and
assess the value Of the land so selected and
condemned by appointing three competent and
dsinterested commissioners to appraise the
value or values thereof, and to return the ap-
praisement to the court; and when the value or
values of such land are thus ascertained. and
the President Of the United States shall decide
the same to be reasonable, said value or values
shall be paid to the owner or owners and the
United States shall be deemed to have q valid
title to said land, and il in any case the owner
or owners Of any portion Of said hand shall re-
fuse or neglect, after the appraisement of the
cash value of said lands and improvements. to
demand or receive the same from said court,
upon depositing the appraised value in said
court to the credit of such owner or owners
ner be vested in the United States.
''Sec. 4 That said court may direct the time
and manner in which possession Of the prop
erty condemned shall be taken or delivered
issue any process for giving possession.
'Sec. 8. That no delay in making an assess
ment Of compensation or in taking possession
shall be occasioned by any doubt which may
arise as to the ownership of the property or
any part thereof or a. to the interests of the
eoa Tn, tho
shall require deposit of the money allowed as
compensation for the whole property or the
part in dispute. In all cases soon rs the said
commission shall have paid the compensation
assessed or secured its payment by deposit of
money under the order of the court possession
Of the property may be taken. All proceedings
hereunder shall be in the name OF the United
States Of America and managed by tho COM
mission.
'.Sec. 6. That the commission, having ascer-
tanned the cost Of the land, including expenses,
shall assess such proportion of such cost and
expenses upon the land. lots and blocks stu
ated in the District of Columbia specially bene-
6ted by reason of the location and improve
ment of said park AZ nearly as may be in pro-
portion to the benefits resulting to such real
estate.
If said commission shall find that the real
estate in said District directly benefited by
son OF the location Of the park is not benefited
to the full extent OF the estimated cost and ex-
penses, then they shall assess each tract or par
eel of land specially benefited to the extent of
such benefits as they shall deem the said real
estate specially benefited. The commission
shall give at least ten days notice in one daily
newspaper published in the city of Washington
OF the time aud place Of their meeting for the
purpose Of making such assessment and may
adjourn from time to time till the same be
completed In making the assessment the real
estate benefited shall be assessed by the de-
scription as appears Of record in the District
on the day of the first meeting; but no error in
description shall vltiate the assessment. Pro-
vided, That the premises are described with
substantial accuracy. The commission shall
estimate the value Of the different parcels of
real estate benefited as aforesaid and the
amount assessed against each tract or parcel
and enter all In an assessment book. All per-
sons interested may appear and be heard.
When the assessment shall be completed it
shall be signed by the commission or majority
(Which majority shall have power always to
act aud be filed in the Office or the clerk OF the
Supreme Court of the District Of Columbia.
The commission shall apply to the court for
confirmation Of said asse ssment, giving at least
ten days notice of the time thereof by publica-
ton in one daily newspaper published in the
city Of Washington, which notice shall state in
general terms the subject and the object of the
app LEGATION.
The said court shall have power, after said
notice shall have been duly given, to hear aud
sessment, and may revise. correct, amend aud
confirm said assessment, in whole or in part, or
order new assessment, in whole or in part,
with or without further notice or on such notice
as it shall prescribe, but no order for a new
assessment in part or any partial adverse ac-
non shall hinder or delay confirmation Of the
residue or collection Of the assessment thereon.
Confirmation OF any part OF the assessment
shall make the same q lien on the real estate
assessed.
divided into four equal instalments and may
be paid by any party interested in full or in
one. two, three and four years, on or before
which times all shall be payabh, with six per
cent annual interest on all deferred payments.
All payments shall be made to the treasurer of
the United Stptes, who shall keep the account
as separate fund. The orders of the court
shall be conclusive evidence of the regularity
OF all previous proceedings necessary to the
validity thereof, aud Of oil matters recited in
said orders. The clerk Of said court shall keep
. record Of ell proceedings in regard to said as
sessment and confirmation The commission
shall furnish the said clerk with a duplicate OF
its assessment book. and in both shall be en-
tered any change made or ordered by the
court as to any real estate. Such book filed
with the clerk, when completed and certified,
ahal be pIima facie evidence OF all facts recited
therein. In case assessments are not paid as
aforesaid the book OF assessments, certified by
the clork OF the court, shall be delivered to the
officer charged by law with the duty OF col
Letting delinquent taxes in the District of Col
umbia, who shall proceed to collect the same
as delinquent real estate taxes are collected.
No sale tor any instalIment Of rent shall
discharge the real estate from any subsequent
installmcnt and proce edings for subseq uent
installments shall be a. II no default had bee n
made In prior ones.
"All money 50 collected may be paid by the
treasurer on the order Of the commission to
any persons entitled thereto as compensation
for land or services. Such order on the Treas
ury shall be signed by majority Of the COM
mission and shall specify fully the purpose for
which 1t Is drawn. II the proceeds OF assess
ment exceed the cost of the park tho excess
shall be used In its improvement, under the di-
rection Of the officers named in section g. il
such excess shall not exceed the amount of
$4,000. II it shall exceed that amount that
part above $4,000 shall be refunded ratably.
Public officers performing any duty hereunder
shall be allowed such fees and compensation
as they would be entitled to in like cases Of
collecting taxes. The civilian members Of the
commission shall be allowed $40 per day each
for each day Of actual service. Deeds made to
purchasers ut sales for delinquent assessments
hereunder shall be prima facie evidence OF the
right OF the purchaser and any one claiming
under him that the real estate was subject to
assessment aud directly benefited, and that the
assessment was regularly made, that the as
sessment was not paid, that due advertisement
had been made, that the grantee in the deed
was the purchaser or assignee Of the purchaser,
and That the sale was conducted legally.
"Any judgmesst for tho sale of any real estate
for unpaid ASSESSMENTS shall be conclusive evil
dence Of its regularity aud validity in all col
lateral proceedings except when tho assess
ment was actually paid, and the Judgment shall