Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-12-27
The Commission to Assess Property
Near Rock Greek Park.
THE PLAN THAT WILL Be FOLLOWED
The Assessment to Be a Lien on
the Property.
PROVISIONS OF THE LAW

The commission appointed under tie act
| Of September q, 1890, to select the land
| for the Rock Creek Park having completed
| that duty and having formally turned the
park over to the permanent park commits
sion. which consists of the Commissioners
| of the District and the chief Of engineers
| United States army, the first named COM
| mission will now proceed to perform its
| last duty in the matter This duty Is to
| assess such proportion of the cost and
expenses of the park upon the lands, lots
| and blocks in the District specially bene-
| fitted by reason of the location and I'M
| provement of the park, as nearly as may
be, In proportion to the benefits resulting
| to such real estate.
The temporary park commission is COM
posed of Col Thomas Lincoln Casey
chief of engineers, United States army
Capt. Charles f. Powell, Engineer Com
| missioner of the District; Gen. II. V. Boyn-
| ton, Secretary Samuel Z. Langley of the
| Smithsonian Institution and Mr.. r. Ross
| Perry. AS appears from the formal notice
| in The Star, the commission will meet in
| room 81, City Hall, at pm. Saturday
| January ), 1876, for the purpose of making
| the proposed assessment. All persons in
| terested therein will be heard, and the
commission will proceed, first, to hear
| testimony as to the extent Of the sur
| rounding land affected benefcally by the
| location and improvement of the park.
On the day of its first sitting it Is eX-
pected that the commission will not be
| able to do more than to organize and map
| out it's course in the matter. The COM
mission is empowered to adjourn from
| day to day, and 1t Is not unlikely that sew
| eral weeks will be spent in hearing the
parties interested and in reaching a con-
| clusion.
Powers of the Court.
The act authorizing the commission pro-
vides that If the commission shall find
that the real estate directly benefited Is
not benefited to the full extent of the cost
and expenses of the park, it shall assess
each tract or parcel Of land specially bene-
| fitted to the extent of such benefits as the
/ commission shall deem equitable.
The act in question provides further that
| the commission shall apply to the court
| for confirmation of the assessment, CIV
| ing, In newspaper published here, at
| least ten days notice thereof. After such
| notice has been given the court shall have
| power to hear and determine all matters
| connected with the assessment and may
| revise, correct amend, and confirm the
| assessment i'll whole or in part or the
| court may order a new assessment In
| whole or in part, with or without further
| notice, or On such notice as it shall pre-
| scribe.
No order for a new assessment IN part, OF
| any adverse action shall, however, hinder
| or delay confirmation of the residue OIL
| collection of the assessment thereon, and
| the confirmation Of any part Of the assess
| ment shall make the same a lien on the
| real estate assessed.
| Payment of the Assessments.
| THE assessment" the law provides
when confirmed, shall be divided into foul
| equal installments, 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 payable. with six pei
| centum annual interest on all deferred
payments. All payments shall be made tc
| the treasurer of the United States. who
| shall keep the account as a separate fund
| The orders of the court shall be conclusive
| evidence of the regularity Of all previous
| proceedings necessary to the validity there
| of, and of all matters recited In said orders
The clerk of the court shall keep a recorG
| of all proceedings in regard to said assess
/ ment and confirmation.
"The commission shall furnish the said
| clerk' with a duplicate of its assessment
| book, and in both shall be entered any
| change made or ordered by the court as tC
| any real estate. Such book filed with the
| clerk when completed and certified shall be
prima facie evidence of all facts recites
| therein. In case assessments are not paid
| as aforesaid the book of assessments certi
| fed by the clerk of the court shall be de-
| livered to the officer charged by law with
| the duty of collecting delinquent taxes In
4
| ceed to collect the same as delinquent rea
| estate taxes are collected No sale for airy
| installment of assessment shall discharge
| the real estate from any subsequent in.
| stallment; and proceedings for subsequent
| frstallments shall be as IL no default haC
| been made in prior ones.
| Proceeds of the Assessment.
| "All money so collected may be paid ty
| the treasurer on the order of the commits
| sion to any persons entitled thereto as
compensation for land or services. Such
order on the treasurer shall be signed by
| a majority Of the commission and shall
| specify fully the purpose for which 1t is
| drawn. If the proceeds of assessment ex.
| ceed the cost of the park the excess shall
| be used in its Improvement, under the dl
| rectiOn of the officers named in section s.
| If 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 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 at sales 70,
| delinquent assessments hereinunder shall
be prima facie evidence Of the right of the
purchaser, and any one claiming under
| him that the real estate was subject to as.
| sessment and directly benefited, and that
| the assessment was regularly made; that
| the assessment was not paid; that due ad.
| vertisement had been made; that the
| grantee in the deed was the purchaser OIL
| assignee of the purchaser, and that the
| sale was conducted legally.
| ANY Judgment for the sale of any rea
| estate for unpaid assessments shall be
! conclusive evidence of its regularity an6
| validity in all collateral proceedings eX.
| cept when the assessment was actually
paid, and the judgment shall estop al
| persons from raising any objection thereto
| or to any sale or deed based thereon. which
| existed at the date of its rendition, and
| could have been presented as a defense
| to the application for such judgment"
| Personal Mention.
| Capt. John q. Bourke third United