as a district court of the United States, which court is hereby vested with jurisdiction of all such cases of condemnation with full power to hear and determine all issues of law and fact that may arise in the same. (Mar. 1, 1929, sec. 1, 45 Stat. 1415; 40 U. S. C., sec 361.) 1870a. Institution of proceedings.-Every such condemnation proceeding shall be instituted by filing in said court a verified petition which shall contain or have annexed thereto the following:

(1) A statement of the authority under which and the public use for which the lands are to be acquired.

(2) A description of the lands to be acquired sufficient for the identification thereof. Where such lands, taken together, constitute all privately owned land in any square in the city of Washington it shall be sufficient to designate the same by the number of the square as the same appears on the records of squares in the office of the surveyor of the District of Columbia.

(3) A plan showing the lands to be acquired.

(4) The names of the owners of the lands to be acquired, so far as ascertainable by reasonable inquiry, and of the persons in actual and open possession of the same. If it shall appear from the land records of the District of Columbia that a right, title, interest, or estate in said lands was formerly vested in any person who is known, or may be presumed, to be deceased, which right, title, interest, or estate, if valid and subsisting, would be adverse to the person in present possession claiming to be owner of said lands, and the names of the heirs or devisees of such deceased person are not known, it shall be sufficient to describe them in the petition and in any order of citation or publication or other process thereon as "the unknown heirs or devisees" of such deceased person. And such designation shall be valid and effective to all intents and purposes as if all persons claiming by, through, or under said deceased person had been specifically named.

(5) A statement of the estate or interest in said lands which petitioner intends to acquire for the public use stated.

(6) A prayer that said lands be condemned and taken for the use of the United States and that the title to the same in fee simple, or such estate or interest as may be specified, be vested in the United States. (Mar. 1, 1929, sec. 2, 45 Stat. 1415; 40 U. S. C., sec. 362.)

1870b. Citation and notice.-The court shall cause public notice of the institution of such proceeding to be given by an order of citation requiring all persons claiming to have any right, title, interest, or estate in the lands to be acquired, or to be entitled to compensation in respect of the taking of the same, and all persons occupying the same, to appear in said court on a day to be named in said order of citation to answer the petition and make claim for the compensation to which they deem themselves entitled. (Mar. 1, 1929, sec. 3, 45 Stat. 1416; 40 U. S. C., sec. 363.)

1870c. Same; contents.-Such order of citation shall contain a description of the lands to be acquired sufficient for the identification thereof and the names of the persons given in the petition as claiming to have any right, title, interest, or estate in said lands or to be entitled to compensation in respect of the taking of the same and as occupying the same. If any such person is alleged in said petition to be a nonresident of the District of Columbia, the order of citation

shall also state the last place of residence of such person, if known. (Mar. 1, 1929, sec. 4, 45 Stat. 1416; 40 U. S. C., sec. 364.)

1870d. Same; publication.-Said order of citation shall be published at least once a week for three consecutive weeks in some newspaper of general circulation published in the District of Columbia. (Mar. 1, 1929, sec. 5, 45 Stat. 1416; 40 U. S. C., sec. 365.)

1870e. Same; service. The court shall also direct service of a copy of said order of citation before the return date of the said order upon each of the persons named therein who is, so far as ascertainable by reasonable inquiry, residing or sojourning at the time within the District of Columbia. The court shall also require a copy of said order of citation to be mailed, postpaid, to such of the persons named therein as may be shown by said petition or affidavit to be nonresidents of the District of Columbia, such copy to be addressed to such persons at their last known places of residence. (Mar. 1, 1929, sec. 6, 45 Stat. 1416; 40 U. S. C., sec. 366.)

1870f. Default in appearance.-In default of appearance on or before the return day specified in said order of citation (or on or before such further day as the court for cause shown may allow for the purpose) every person having any right, title, interest, or estate in the lands described in said order, or entitled to compensation in respect of the taking of the same or entitled to the possession of, or occupying the same, shall be deemed to have consented to the taking and condemnation of said lands for the public purpose stated at and for such compensation as may be finally awarded therefor in the proceeding and shall be bound by all orders, judgments, and decrees that may be entered in said proceeding. (Mar. 1, 1929, sec. 7, 45 Stat. 1416; 40 U. S. C., sec. 367.)

1870g. Appearance; when permitted. The court may, by order, upon application and for cause shown, at any time prior to final judgment permit any person claiming any right, title, interest, or estate in the lands to be acquired or to be entitled to compensation in respect of the taking of the same to appear in said proceeding upon such terms and conditions as the court may direct. (Mar. 1, 1929, sec. 8, 45 Stat. 1416; 40 U. S. C., sec. 368.)

1870h. Guardians ad litem.-If any person having, or claiming to have, any right, title, interest, or estate in the lands to be acquired, or entitled, or claiming to be entitled, to compensation in respect of the taking of the same, or entitled or claiming to be entitled, to the possession of the same, appears to be under legal disability by reason of infancy, insanity, idiocy, or other like cause, the court, after the return day specified in the order of citation, upon the application of any person interested, shall appoint some suitable person as guardian ad litem to appear for such person under disability. Failure to apply for the appointment of a guardian ad litem for any such person under disability shall not affect the validity of the proceedings. (Mar. 1, 1929, sec. 9, 45 Stat. 1417; 40 U. S. C., sec. 369.)

18701. Vesting of title and right to compensation.-The petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the United States. Said declaration of taking shall contain or have annexed thereto

(1) A statement of the authority under which and the public use for which said lands are taken.

(2) A description of the lands taken sufficient for the identification thereof.

(3) A statement of the estate or interest in said lands taken for said public use.

(4) A plan showing the lands taken.

(5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken.

Upon the filing of said declaration of taking and of the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the United States of America, and said lands shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the registry. No sum so paid into the registry shall be charged with commissions or poundage.

Upon the application of the parties in interest, the court may order that the money deposited in the registry of the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands or any parcel thereof shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the United States for the amount of the deficiency.

Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. (Mar. 1, 1929, sec. 10, 45 Stat. 1417; 40 U. S. C., sec 370.)

1870j. Setting date for trial and selection of jury.-When all the persons who have been summoned or published against in said case, as hereinbefore provided, have either answered or are in default as aforesaid, and all persons under legal disability have answered by their guardians ad litem, or in the judgment of the court ample opportunity has been given for the same, the case shall be regarded as ready for trial, and, upon the application of any party to said suit, the court shall forthwith set an early date to be especially fixed by it, not less than ten nor more than twenty days from the date of such application, for the trial of the issues of law and fact raised in said case, and the ascertainment of the compensation or damages to be awarded for the taking of the lands to be condemned.

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The court shall thereupon order the jury commission to draw from the special box provided for by law the names of as many persons, not less than twenty, as the court may direct, and to certify said names to the clerk of the Supreme Court of the District of Columbia as a panel of prospective jurors. The persons so certified shall be thereupon summoned by the United States marshal for the District of Columbia to appear in said court on the day specially fixed for the trial of said cause. Before selecting or impaneling said jury, the court may, in its discretion, cause a second, third, or other further list of prospective jurors to be drawn, certified, and summoned in like manner. From the persons so certified and summoned, the court, after examination on oath and in open court as to their qualifications, shall select and impanel a jury of five capable and disinterested persons who shall have the qualifications of jurors as prescribed by law for the courts of the District of Columbia, and in addition thereto shall be freeholders of said district and shall not be in the service or employment of the United States or of the District of Columbia. (Mar. 1, 1929, sec. 11, 45 Stat. 1418; 40 U. S. C., sec. 371.)

1870k. Oath of juror.-To the jurors so selected and impaneled the court shall administer an oath or affirmation that they are not interested in any manner in the lands to be condemned and that they are not to their knowledge related to any person interested therein, and that they will impartially and to the best of their judgment ascertain, appraise, and award just compensation for the lands to be condemned and taken in said proceeding. (Mar. 1, 1929, sec. 12, 45 Stat. 1418; 40 U. S. C., sec. 372.)

18701. View. After being selected, impaneled, and sworn, and before hearing the evidence, the jury shall be taken by the marshal upon the lands to be acquired at a time to be fixed by the court in order to view the said lands; and all parties in interest, their attorneys, and representatives shall have the right to be present at such (Mar. 1, 1929, sec. 13, 45 Stat. 1418; 40 U. S. C., sec. 373.) 1870m. Trial. After such view and the jury shall have returned to the court, the trial of said cause shall be proceeded with before the court and jury. Any person who has appeared in the cause claiming any right, title, interest, or estate in the land to be taken, or compensation on account of the taking of the same, shall have the right to submit evidence concerning the value of such land, parcel by parcel, the nature and extent of his right, interest, or estate therein, and the compensation justly due for the taking of the same. No new structure or substantial alteration of a permanent nature, the purpose or natural effect of which is to enhance the value of the land to be taken, erected, or made thereon after the institution of the condemnation proceedings shall be taken into consideration in assessing and awarding compensation for said land. If the land to be valued shall have been taken by virtue of a declaration of taking, as provided in this Act, said land shall be valued for the purposes of compensation as of the date of such taking; and if, by act of the owner or other party claiming to be entitled to compensation, the value of the land for the use for which it is to be taken has been diminished, as by cutting trees, excavating, grading, or otherwise altering its physical condition, allowance, if petitioner so elects, shall

be made in assessing compensation for such diminution in value. Every party, whether petitioner or respondent, may except to any ruling of the court admitting or excluding evidence, granting, rejecting, or modifying prayers for instruction, or other ruling made in the cause in like manner as in other civil trials. (Mar. 1, 1929, sec. 14, 45 Stat. 1418; 40 U. S. C., sec. 374.)

1870n. Verdict.-At the close of the evidence the court shall charge the jury as in other trials at law and furnish them with a written form to be used in returning their verdict. The members of the jury may separate when not engaged in the consideration of their verdict. When the jury, or a majority thereof, shall have agreed upon their verdict they shall, through their foreman, so notify the court, which shall thereupon pass an order setting a day for the return of the verdict in open court. The verdict shall be in writing subscribed by the jurors concurring therein, and shall set forth, parcel by parcel, the compensation to be paid for the taking of the lands to be condemned. (Mar. 1, 1929, sec. 15, 45 Stat. 1419; 40 U. S. C., sec. 375.)

18700. Setting aside verdict.-The court shall have power to set aside or vacate the verdict of the jury, or any award contained therein, and to grant a new trial upon the same grounds as in other trials at law and upon the ground that said verdict, or any award contained therein is, in the judgment of the court, grossly excessive, or inadequate, or otherwise unreasonable or unjust. In case the verdict or any award contained therein is set aside or vacated, the court shall award a new trial with respect to the lands as to which said verdict or such award is set aside or vacated; and the court shall fix a date for a new trial and order a new panel of prospective jurors to be drawn, certified, and summoned as hereinbefore provided; and the cause shall be proceeded with as if no such verdict or award had been rendered. (Mar. 1, 1929, sec. 16, 45 Stat. 1419; 40 U. S. C., sec. 376.)

1870p. Proceedings after verdict.-No motion for a new trial or to set aside or vacate the verdict, in whole or in part, or any award contained therein, shall be made after the expiration of twenty days, Sundays and legal holidays excluded, from the rendition thereof; and if no such motion be filed within such time, the verdict and the award or awards contained therein shall become final and conclusive, and judgment shall be entered thereon. (Mar. 1, 1929, sec. 17, 45 Stat. 1419; 40 U. S. C., sec. 377.)

1870q. Judgment. In the event that any verdict or any award contained therein shall become final by lapse of time or that any motion filed to set aside or vacate the same or to grant a new trial in respect thereof shall have been denied or overruled, the court shall enter judgment against the United States in favor of the parties entitled for the sum or sums awarded as just compensation, respectively, for the lands condemned for the use of the United States. (Mar. 1, 1929, sec. 18, 45 Stat. 1420; 40 U. S. C., sec. 378.)

1870r. Payment of judgment.-Any final judgment rendered against the United States under any provision of this Act shall have like force and effect as a money judgment rendered against the United States by the Court of Claims in a suit in respect of which the