Chapter XIV. to acquire certain Lands needed for the Washington Aqueduct, in the District of Columbia
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Chap. XIV.— An Act to acquire certain Lands needed for the Washington Aqueduct, in the District of Columbia.April 8, 1858. Whereas it is represented that the works of the Washington aqueduct,Preamble. in the District of Columbia, are delayed in consequence of the proprietors’ refusal, in some cases, to sell lands required for its construction at reasonable prices, and because, in other cases, the title to the said land is imperfect, or is vested in minors, or persons non compos mentis, or in a femme covert, or [in persons] out of the District of Columbia; and whereas it is necessary for the making of the said aqueduct, reservoirs, dams, ponds, feeders, and other works, that a provision should be made for condemning a quantity of land for the purpose: therefore *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That it shall and may be lawfulThe United States may purchase land for the use of the aqueduct.If there is a disagreement, or the owner is under disability, a jury may be summoned by process from circuit court to assess damages. for the United States, or its approved agent, to agree with the owners of any land in the District of Columbia, through which said aqueduct is intended to pass, for the purchase or use and occupation thereof; and in case of disagreement, or in case the owner thereof shall be a femme 264 covert, under age, non compos, or out of the District of Columbia, on application to a 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 summon a jury of eighteen inhabitants of said District not related to the parties, nor in any manner interested, to meet on the land to be valued, at a day to be expressed in the warrant, not less than ten nor more than twenty days thereafter; notice of the time and place of saidProceedings in such case.Notice to owners. meeting being first given to the owners of such land or to their legal representatives, in person if that be practicable, and, if not, by publication in some Washington city newspaper daily for two weeks; and the marshal, upon receiving the said warrant, shall forthwith summon theMarshal to summon jury forthwith.
Jury to be sworn. said jury, and, when met, shall administer an oath or affirmation to every juryman who shall appear, being not less than twelve in number, that he will faithfully, justly, and impartially value the land, and all damages the owner thereof shall sustain by cutting the aqueduct through such land, or the partial, or temporary, or permanent appropriation, use, or occupation of such land, according to the best of his skill and judgment; and that in such valuation he will not spare any person for favor or affection, nor any person grieve for malice, hatred, or ill will; and the inquisition thereupon taken shall be signed by the marshal and four fifths ofInquisition signed by marshal and four fifths of jurors, to be returned to circuit court, and affirmed at first term, unless, &c.Court may direct another inquisition.Valuation by jury how made, and conclusive. the said jury, and [be] returned 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 affirmed by the court at its first term after said return and [be] recorded; but if, from any cause, no inquisition shall be returned to such court within one month after the commencement of the next ensuing term, the said court [shall], at its discretion, as often as may be necessary, direct another inquisition to be taken in the manner above prescribed; and upon every such valuation 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 estate in the same required by the said United States for the use of the aqueduct, and their valuation shall be conclusive on all persons, and shall be paid for by the said United States, or its authorized agent, to the owner of the land, or his, or 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 perpetuity,Estate of the United States in the land. or with such less quantity and duration of interest or estate in the same, or subject to such partial or 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 construction of the saidUnited States may take timber, gravel, &c., on land adjacent. aqueduct, or any of the works thereof, reservoirs, dams, ponds, feeders, tunnels, aqueducts, culverts, bridges, or works of any other description whatsoever appurtenant thereto, it shall be necessary to use earth, timber, stone, or gravel, or any other material to be found on any of the lands adjacent or near 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 a femme covert or non compos, or under age, or out of the District, the same proceedings, in all respects, shall be had as in the case before mentioned of the assessment and condemnation of the lands required for the said aqueduct or the work appurtenant thereto: *Provided,* That the work shall not be delayed pendingProviso.
Work not to be delayed by proceedings in court, after the inquisition is returned. 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 it further enacted,* That it shall and may be lawful for the United States or its agent, in case of any dispute or difficulty arisingIn case of dispute as to owner, or his disability, United States may, by order of court, deposit the money found due for land taken. as to the ownership of the land condemned as above for the use of said aqueduct, or in case the owner should be a femme covert, under age, non compos, or out of the said District of Columbia, and no person duly authorized to receive the same, that the United States or its agent be authorized, by petition to the circuit court for the District of Columbia, 265THIRTY-FIFTH CONGRESS.
Sess. I. Ch. 23. 1858. and upon said court’s order, to deposit the money for which the said land was condemned in the place directed by said court, and the certificate ofCertificate of deposit to be deemed payment. the proper officer of said deposit shall be considered as a full payment for said land, and thereby vest in the United States an absolute estate in perpetuity, or with such less quantity and duration of interest in the same, or subject to such partial, or temporary, or permanent use or occupation as shall be required and described as aforesaid, if conveyed by the owner or owners of said land.
Sec. 3. *And be it further enacted,* That it shall be the duty of said circuitCircuit court to decide to whom money belongs, and clerk to pay it over.Court to direct mode of trial. Litigants may appeal within 60 days. court to hear and determine to whom the said money does belong, and, upon being satisfied as to whom the land did belong, to pass their decree directing the clerk of said court to pay over to the owner the same money deposited as above, after deducting expenses.
The court is further authorized to direct the mode for trying the case, and the litigants have the right of appeal, provided the appeal is taken within sixty days from the decree of the said court. Approved, April 8, 1858.