Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-07-11

| TO HAVE THE PRIVILEGE OF BEING PRESENT
WHEN THEIR LAND IL VIEWED.
The commission to appraise the Rock Creek
Park lands received its instructions from the
Court in General Term this morning and will
begin its sessions next Wednesday.
The Court in General Term, Chief Justice
Bingham, Judges Hagner and James on the
bench, met promptly at 10 o'clock today to in
struct the appraisers.
Messrs. J. L. Norris, N. W. Burchell and GU
Sueherle. the commissioners to appraise the
park. we're given seats Immediately in front Of
the bench. There were present District At
torney Cole, representing the government: Mr.
R. Ross Perry of the managing commission,
Messrs. Jere Wilson, T. A. Lambert, VIM.
Stone Albert, S. Maddox, A. B. Duvall and
Randall Hngner. representing the property
owners. Many Of the property owners were
also interested spectators.
Immediately on the opening of the court
the chief justice, remarking that the court had
considered the prayers offered read the in
structions as finally agreed upon by the court.
He thereupou read what the court agreed upon
| rs follows:
| THE INSTRUCTIONS.
1. The parcels of land contained in the map
| filed in this proceeding are to be appraised as
several properties.
2. The several parcels are to be valued at
| their fair market values with reference to the
| most valuable uses to which they respectiv
and severnily can be put by private persons or
| private corporations, and the market value of
the lanls il not limited by the uses to which they
are now applied by the owner or his present
| income from such property; and if they find
that either of the said parcels. by reason Of its
location. surroundings, natural advantages or
intrinsic character, is peculiarly adapted to
some particular use by private persons or pri-
vate corporations. the circumstances Which
make up this adaptability may be considered.
3. If there several interests. as estates for
life and remainder, or leasehOld and reversion
in one parcel. the proper course is to ascertain
the entire compensation to be paid for the fee
simple not divided into successive interests,
but as il belonging to one person: and then to
determine the market value of such estate for
life or leasehod; and afterward, by deductng
the same from the valuation of the fee simple,
ascertain the value Of that remainder or reyer-
sion.
T. A dover right in any parcel of land is the
widows right to hold one-third part in value
of the land during her life. The commissioners
In estimating the present money value of such
dover right shall value the same according to
the table of allowance to a healthy woman in
lieu of her dover. set forth in the one hum
dredth equity rule of this court, which will be
brought to their notice. The money value of a
life estate in the whole of any parcel will be
timated at three times the value of dover
rlknt tnereln. according TO said rule.
D. The market value of q lease is the present
value in money of the remainder of the term
that is, what it would be worth (above the obli-
cations of the Lease to an assignee or pur-
chaser who was willing and able to assume and
perform all the obligations of the lease.
6. When an unexpired term of lease is
found by the commissioners to be of value
they will fix and ascertain the amount of such
value in one sum and then state the amount
that snch sum is to be reduced per month until
the United States, and if such lease
expires before such occupation then
the tenant shall not be entitled to anything,
and the amount Of such reduction in the ono
case and of the total disallowanc. in the other
shall be taken into account in the allowance to
the owner In fee, and no compens ItiOl can be
allowed to tenants whose only interest in the
property is a tenancy at will or by sufferance.
Z. While it is proper to show how the prop
erty il used, as evidence Of the uses 20 which it
Is adaptable, 1t ID Incompetent to go into the
profits Of the business carried on upon the
property.
8. No damages can be allowed for injury
to business arising from a removal or for
the expenses Of moving. or for loss in the
valve of fixtures arising from the removal
thereof.
9. If there shall be claimants Of any lands
within the lines of roads or thoroughfares
within the said park. the commissioners will
take such testimony as either the said claim
ing upon the question whether such road or
thoroughfare is public or d private road or
thoroughtare. and they shall repo.: such
testimony to the court, together with
their assessment Of the values of the
lane within the lines of any such
road or thoroughfare, which assessment shall
be in the alternative; that is to say. they shall
assess the land SO occupied by said roads and
thoroughtares at their just values as though
not subject to any such easement and they
q he yal Of aId md
pied as though subject to perpetual easement
OF said roadways and thoroughfares.
~. The commissioners will themselves view
the several properties and they shall give two
days previous notice in two daily NEWSPAPERS
published in Washington city of the time when
they propose to enter upon such view and the
place Of beginning the same. and at
each adjournment, while 80. engaged. they
shall notify those present when and
where they will next meet for the purpose of
continuing the view. The members of the
park commission and the several owners or
their attorneys are entitled to be present during
such view. If the commissioners shall think
proper after the general view, they may ap-
ply to this court or justice thereof, for leave
to make further view OF particular parcels of
the land, which shall be made after notice as to
time to the parties interested in said particular
lands or their attorneys.
II. Whenever the commissioners are engaged
in viewing the premises they must be accom-
panied by the marshal of the District or one or
more OF his deputies. and by the surveyor who
made the map or one of his deputies competent
to point out the boundaries of the sew
eral parcels of land. No other persons are
to speak to the commissioners with respect
to their duties while they are en-
gagged in making the view except upon
the request OF the commissioners who
are authorized in their discretion to inquire of
such persons they may think proper as to
the boundaries of said parcels or their physical
features, aud the commissioners are instructed
that no statements as to values of said parcels
are to be considered by them except when
made in open session and by witnesses under
oath, and no arguments are to be allowed while
the commissioners are engaged i'll making the
view except when they are assembled in
open session.
H. At the open session the park commission
will first be given an opportunity to offer such
evidence as they may desire touching the
boundaries of the several parcels embraced in
the map. They, the several owners and other
parties in interest, may introduce evidence in
such order to the particular parcels
as the commissioners may deem convenient
touching the value of their respective interests.
The petitioners may then introduce evidence
in reply, and the owners and other parties
in interest may introduce rebuttiug evil
dence. They will also hear such parties
i'll interest may demand to be
heard, touching the value of their re-
spective interests, and may take other testi-
mony not herein excluded as to values to
which testimony they are to give only such