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the total amount of the assessments for benefits, such excess shall be borne and paid by the District of Columbia.- Act of February 25, 1907 (34 Stat., Part I, p. 930).

(Repealed.) [Sec. 4919. That of the amount found to be due and awarded as damages for and in respect of the land to be condemned for said opening, extension, widening, or straightening, plus the costs and expenses of the proceeding, such amount shall be assessed by the jury as benefits, and to the extent of such benefits against the lots, pieces, or parcels of land on each side of the street, avenue, road, or highway to be opened, extended, widened, or straightened, and against any and all other lots, pieces, or parcels of land which the jury may find will be benefited by the opening, extension, widening, or straightening, as the jury may find said lots, pieces, or parcels of land will be benefited; and in determining the amounts to be assessed against said lots, pieces, or parcels of land the jury shall take into consideration the respective situations and topographical conditions of said lots, pieces, or parcels of land, and the benefits and advantages they may severally receive from the opening, extension, widening, or straightening of the street, avenue, road, or highway. If the total amount of the damages awarded by the jury and the costs and expenses of the proceeding be in excess of the total amount of the assessments for benefits, such excess shall be borne and paid by the District of Columbia.]

Sec. 491h. The said court shall hear and determine any proceedingsaban objection or exceptions that may be filed to any verdict of doned, 38 L. R., the jury and shall have power to vacate and set any verdicto 9. aside, in whole or in part, when satisfied that it is unjust or unreasonable, in which event the court shall cause a new jury, of five experienced, judicious, disinterested men, who, shall be freeholders in the District of Columbia, not related to any person interested in the proceeding and not in the service or employment of the District of Columbia or of the United States, to be summoned, who shall proceed to ascertain the damages or assess the benefits, or both, as the case may be, in respect of the land as to which the verdict may be vacated, as in the case of the first jury: Provided, That if vacated in part, the residue of the verdict as to the land condemned or assessed shall not be atjected thereby: And provided further, That the objections or exceptions to the verdict shall be filed within twenty days after the return of the verdict to the court.

Sec. 4911. When the court shall have finally ratified and confirmed the verdict of a jury condemning the land needed for the opening, extension, widening, or straightening of the street, avenue, road, or highway, the amounts of money to be due and awarded to the owners of the land condemned shall be paid to such owners by the disbursing officer of the District of Columbia from moneys advanced to him by the Secretary of the Treasury, upon requisitions of the Commissioners of said District, as provided by law.

Sec. 491j. When finally ratified and confirmed by the court, the several assessments authorized to be made or levied by the jury shall severally be a lien upon the land assessed, and shall be collected as special-improvement taxes in the District of Columbia, and shall be payable in five equal annual installments, with interest at the rate of four per centum per annum.from and after sixty days after the confirmation of

Commissioners D. C., vs. Poulos

R., 290.

the verdict of the jury. In all cases of payments the accounting officers shall take into account the assessments for benefits and the award of damages, and shall pay only such part of the award in respect of any lot, piece, or parcel of land condemned as may be in excess of the assessment for benefits against the part of such lot, piece, or parcel of land not taken, and there shall be credited on said assessment the amount of said award not in excess of said assessment.

Sec. 491k. Said court shall have full power and authority, at any time, to allow amendments in form or substance in any petition, process, verdict, record, or other proceeding, or in the description of property proposed to be condemned or of property assessed for benefits whenever such amendment will not interfere with the substantial rights of the parties interested.

Sec. 4911. Each juror shall receive as compensation for his services the sum of five dollars per day for every day necessarily employed in the performance of the duties herein prescribed.

Sec. 491m. Any party aggrieved by any final order of et al.. 32 D. c. the court may appeal therefrom to the court of appeals of the APP.;-598;336 L: District of Columbia; but no appeal from any order of the

court confirming any award of damages or assessment for benefits, nor any other proceeding that may be taken by any person, at law or in equity, against the confirmation of any award of damages or any assessment for benefits shall delay or prevent the payment of the damages awarded to other persons in respect of the property condemned, or delay or prevent the taking of the property sought to be condemned, or delay or prevent the opening, extension, widening, or

straightening of the street, avenue, road, or highway. Ib., sec. 491 m. SEC. 491n. In case any of the owners of land hereto

fore or hereafter condemned for public use, whether under the provisions of said Code or by virtue of any special or general Act of Congress, are under disability or can not be found, or neglect or refuse to receive the money awarded to them; or in case the record is imperfect or the title to the property is in dispute or uncertain, the money due the owners of the property for damages for land taken may be deposited in the registry of the supreme court of the District of Columbia, for the use of the rightful owners without cost or expense to said District; and thereupon the title to the land condemned shall become vested in the District of Columbia.- Act of December 18, 1908 (35 Stat., Part I, p. 582).

(Repealed.) Sec. 491n. In case any of the owners of the land condemned are under disability or can not be found or neglect to receive the money awarded to them, or in case the title to the property condemned is in controversy, the money awarded to any of such persons, or for any such property the title to which is in controversy, shall be deposited in the registry of the supreme court of the District of Columbia, without cost or expense to said District, to the credit of the person or persons who may be entitled thereto.- Act of April 30, 1906 (34 Stat., Part I, p. 151).

(Amendment.)

An Act To provide for the condemnation of streets or parts of streets

under the plan for the permanent system of highways for the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever in the subdivision of a tract of land in the District of Columbia the owner or owners of such tract shall reserve from subdivision any portion thereof, and shall fail to or refuse to dedicate the streets or highways within the reserved portion as shown on the plan of permanent system of highways, the Commissioners of the District of Columbia be, and they are hereby, authorized, in their discretion, to institute condemnation proceedings to acquire for street purposes in accordance with the highway plan any

all land comprised in the said streets within the limits of any portion reserved from subdivision, which the said Commissioners may deem desirable for the purpose of extending existing or proposed streets or of connecting streets already of record according to the said highway plan.

Sec. 2. That the said condemnation proceedings shall be instituted under and in accordance with the provisions of subchapter one of chapter fifteen of the Code of Law for the District of Columbia: Provided, That the entire amount found to be due and awarded by the jury in said proceedings as damages for and in respect of the land condemned for such streets or highways, plus the cost and expenses of said proceedings, shall be assessed by the jury as benefits, under the provisions of said subchapter one of chapter fifteen of said code. And there is hereby appropriated, out of the revenues of the District of Columbia, such amount or amounts as may be necessary to pay the cost and expenses of the condemnation proceedings taken pursuant hereto and for the payment of amounts awarded as damages, to be repaid to the District of Columbia from the assessmen e for benefits and covered into the Treasury to the credit of the revenues of the District of Columbia.--Act of March 30, 1910 (36 Stat., Part 1, p. 268.)

CHAPTER XVI.

CONVEYANCING.

Subchapter 1.-[ABSOLUTE] DEEDS

OF

REAL PROPERTY.

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deed.

Sec. 492. ESTATES.-No estate of inheritance, or for life, or for a longer term than one year, in any real property, corporeal or incorporeal, in the District of Columbia, or any declaration or limitation of uses in the same, for any of the estates mentioned, shall be created or take effect, except by deed signed and sealed by the grantor, lessor, or declarant, Cand acknowledged in the manner

herein provided] or by will. Ohio National

Sec. 493. ACKNOWLEDGMENT.-Such acknowledgBank v. Berlin, 26 D. c. App, ment] Acknowledgments of deeds may be made in the Dis219; Ford v. Ford: trict of Columbia before any judge of any of the courts of 1D.C. App. 107: said District, the clerk of the supreme court of the District, Comp. Stat., 490. or any justice of the peace or notary public, or the re

corder of deeds of said District, and the certificate of the officer taking the acknowledgment shall be to the following effect:

I, A B, a justice of the peace (or other officer authorized) in and for the District of Columbia, do hereby certify that c D, party to a certain deed bearing date on the .... day

......, and hereto annexed, personally appeared before me in said District, the said C D being personally well known to me as (or proved by the oath of credible witnesses to be) the person who executed the said deed, and acknowledged the same to be his act and Given under my hand and seal this .... day of ....

A B. (Seal.) 1 D. C. App., Sec. 494. RELEASE OF DOWER.—If the wife of the party 326; 123 U.S., 297; 28 L. R., 259. executing said deed, being not less than eighteen years of

age, shall desire to release her dower in the property conveyed, she may do so either by joining in the same deed or by a separate deed, wherever executed, signed, sealed, and acknowledged by her in the same manner as provided in the preceding section, and her acknowledgment shall be certified in like manner.-Act of June 30, 1902 (32 Stat., Part I, p. 531).

(Repealed.) [Sec. 494. RELEASE OF DOWER.-If the wife of the party executing said deed, being not less than eighteen years of age, shall desire to release her right of dower in the property conveyed, she shall unite in the deed with her husband and sign, seal, and acknowledge the same in the same manner as her husband, and the officer taking her acknowledgment shall add to the above form of certificate a further certificate to the following effect, namely:

And at the same time personally appeared before me, in said District, E F, the wife of said CD, personally well known to me (or proved by the oath of credible witnesses) to be such, and acknowledged the same to be her act and deed.

Such wife, however, may release her right of dower by her separate deed, when the release claims or derives title from, by, through, or under her husband.]

Sec. 495. ACKNOWLEDGMENT OUT OF DISTRICT.-When R.S.D.C., 443;

Comp. Stat., p. any deed or contract under seal is to be acknowledged out 491; see Amd. 33 of the District of Columbia but within the United States, 562.

Stat., 88; 34 Stat., the acknowledgment may be made before any judge of a court of record and of law, or any chancellor of a State, any judge or justice of the Supreme, circuit, or Territorial courts of the United States, any justice of the peace or notary public: Provided, That the certificate of acknowledgment aforesaid, made by any officer of the State or Territory not having a seal, shall be accompanied by the certificate of the register, clerk, or other public officer that the officer taking said acknowledgment was in fact the officer he professed to be.- Act of June 30, 1902 (32 Stat., Part I, p. 531).

(Repealed.) [Sec. 495. ACKNOWLEDGMENT Out or DISTRICT.-When any deed or contract under seal relating to land is to be acknowledged out of the District of Columbia, but within the United States, the acknowledgment may be made before any judge of a court of record and of law, or any chancellor of a State, any judge or justice of the Supreme, circuit, or Territorial courts of the United States, any justice of the peace or notary public: Provided, That the certificate of acknowledgment aforesaid, made by any officer of a State or Territory, shall be accompanied by a certificate of the register, clerk, or other public officer having official cognizance of the fact that the officer taking said acknowledgment was in fact the officer he professed to be: Provided, further, That a certificate by any such register, clerk, or other public officer, in the form prescribed by the laws of the State or Territory in which such certificate is made or customarily used therein, shall be a sufficient certificate for the purposes of this section.

Sec. 496. Deeds made in a foreign country may be , sec. acknowledged before any judge or notary public, or before edgment of deeds any secretary of legation or consular oslicer, or acting con- sessions, see Ape sular officer of the United States, as such consular officer pendix, pp. 418. is described in section sixteen hundred and seventy-four of the Revised Statutes of the United States; and when the acknowledgment is made before any other officer than a secretary of legation or consular officer or acting consular officer of the United States, the official character of the person taking the acknowledgment shall be certified in the manner prescribed in the last preceding section.—Act of June 30, 1902 (32 Stat., Part I, p. 531).

(Repealed.) [Sec. 496. Deeds made in a foreign country may be acknowledged before any judge or notary public, or before any secretary of legation or vice-consul-general of the United States, or consular officer of the United States as such consular officer is described in section sixteen hundred and seventy-four of the Revised Statutes of the United States; and when the acknowledgment is made before any other officer than a secretary of legation or consular officer of the United States the official character of the person taking the acknowledgment shall be certified in the manner prescribed in the last preceding section.]

Sec. 497. DEEDS OF CORPORATIONS.—The deed of a corporation shall be executed by having the seal of the corporation attached and being signed with the name of the corporation, by its president or [chief] other officer,

419.

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