squares or blocks confronting the square in which such alley or minor street is to be opened, extended, widened, or straightened, which will be benefited by such opening, extension, widening, or straightening, in the proportion that said jury may find said lots, parts of lots, or parcels of land will be benefited.1

Sec. 1608k. That when the verdict of said jury shall have been finally ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken under the provisions hereof shall be paid to the owners of said land by the Treasurer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon the warrants of the Commissioners of said District, out of any funds available therefor: Provided, That in all cases of payments the accounting officers shall take into account the assessment for benefits and the award for damages, and shall pay only such part of said award in respect of any lot as may be in excess of the assessment for benefits against the part of such lot not taken, and there shall be credited on said assessment the amount of said award not in excess of said assessment.2

Sec. 16081. That when confirmed by the court the several assessments herein provided to be made 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 four equal annual installments, with interest at the rate of four percentum per annum from and after sixty days after the date of confirmation until paid. That said court may allow amendments in form or substance in any description of property proposed to be taken, or of property assessed for benefits, whenever such amendments will not interfere with the substantial rights of the parties interested, and any such amendment may be made after as well as before the order or judgment confirming the verdict or award aforesaid.1

(Repealed-33 Stat., Part I, p. 733.)

[Sec. 1603. OPENING, AND SO FORTH, OF ALLEYS.-The Commissioners of the District of Columbia are authorized to condemn, open, extend, widen, or straighten alleys in the District of Columbia upon the presentation to them of the plat of the alley to be condemned, opened, widened, extended, or straightened, accompanied by a petition of the owners of more than one-half of the real estate in the square in which such alley is sought to be opened, widened, extended, or straightened; or when the Commissioners of the District of Columbia shall certify that the preservation of peace, good order, and public morals require that any such alley should be opened, extended, widened, or straightened; or when said Commissioners shall deem that such opening, extending, widening, or straightening of an alley is

1 Act approved February 23, 1905 (ib.).

NOTE.-Hereafter in all cases of payments for opening, widening, extending, and straightening alleys and minor streets under the provisions of the Code of Laws for the District of Columbia, the accounting officers shall take into account the assessment for benefits and the award for damages and shall pay only such part of said award in respect of any lot as may be in excess of the assessment for benefits against the part of such lot not taken, and there shall be credited on said assessment the amount of said award not in excess of said assessment. Act of March 3, 1905 (33 Stat., Part I, p. 1002).

necessary in order to provide proper drainage facilities for the square in which said alley is sought to be opened, extended, widened, or straightened; or when said Commissioners shall certify that such opening, extending, widening, or straightening of an alley is necessary in order to properly accommodate vehicle traffic in such square; or when the health officer of said District shall certify that such opening, extension, widening, or straightening of an alley is necessary for the public health; and to open, extend, widen, or straighten minor streets in said District, of a width not less than forty feet nor more than sixty feet, to run through a square from one street to another, whenever in the judgment of said Commissioners the public interests require it: Provided, That in the opening, extension, widening, or straightening of an alley or minor street it shall be lawful to close any original alley, or part of an original alley, the fee of which is in the United States, which may thereby become useless or unnecessary; and that it shall also, in like manner, be lawful to close any other alleys or parts of alleys, the title thereto to revert to the person or persons who dedicated the same for alley purposes, or to their assigns: And provided further, That the Commissioners of the District of Columbia are authorized, whenever in their judgment the same may be necessary or expedient, to close any alley or part of an alley the width of which is less than ten feet: Provided, That the assent thereto, in writing, is obtained from the owners of a majority of the real estate abutting thereon; that if the fee title to the land contained in the alley or part of an alley so to be closed is in the United States the said Commissioners are authorized to dispose of said land by sale to the owners of the lots or parts of lots contiguous thereto, at a price to be agreed upon between the said Commissioners and said owners, which price shall not be less than the current market price of the ground in the contiguous lots; that if the fee title to the land in the alley or part of alley so to be closed is not in the United States the title to said land shall revert to the person or persons who dedicated the same for alley purposes, or to his or their heirs or assigns.]

Sec. 1609. That each juror shall receive as compensation the sum of five dollars per day for his services during the time he shall be actually engaged in such services under the provisions hereof.-Act approved February 23, 1905 (33 Stat., Part 1, p. 736).

(Repealed.)

[Sec. 1609. That it shall be the duty of the surveyor of said District, as soon as may be thereafter, to distinctly mark off such alley in the manner in which it may be designated in the petition therefor, and make out triplicate plats of such alley, showing its courses and boundaries and the quantity in square feet which may be taken from the lots or parts of lots in the square by the opening, extending, widening, or straightening thereof, and showing also the alley or part of alley to be closed, if any, and the lots or parts of lots to which the land contained in such closed alley is to be annexed; one of which plats shall be deposited with the recorder of deeds of said District, to be filed among the records of his office, another [kept] recorded in the office of the surveyor of said District, and one filed in the office of the Commissioners of the District of Columbia.]

Sec. 1610. That no appeal by any interested party from the decision of the supreme court of the District of Columbia confirming the assessment or assessments of benefits or damages herein provided for, nor any other proceeding at law or in equity by such party against the confirmation of such assessment or assessments, shall delay or prevent the payment of award to others in respect to the property condemned, nor delay or prevent the taking of any of said property sought to be condemned, nor the opening, extension, widening, or straightening of

such alley or minor street: Provided, however, That upon the final determination of said appeal or other proceeding at law or in equity, the amount found to be due and payable as damages sustained by reason of the opening, extension, widening, or straightening of said alley or minor street under the provisions hereof shall be paid as hereinbefore provided.-Act of February 23, 1905 (33 Stat., Part I, p. 736).

(Repealed.)

[Sec. 1610 That in the opening, extension, widening, or straightening of an alley or minor street, as herein provided for, it shall be lawful for the Commissioners of the District of Columbia to close any alley or part of an alley thereby rendered useless or unnecessary, the fee to which is in the United States, by entering into an agreement with the owners of the lots or parts of lots contiguous thereto for the purchase by them of the land contained in said alley sought to be closed, at a price to be agreed upon by the said Commissioners and said owners, which price shall not be less per square foot than the assessed value per square foot of the contiguous lots; said agreements to be in duplicate, one of which shall be filed in the office of the recorder of deeds and the other in the office of the Commissioners of the District of Columbia, and the sums so agreed to be paid shall be assessed severally against the lots or parts of lots to which the land so purchased shall be annexed; such assessments to bear interest at the rate of ten per centum per annum until paid, and shall be collected as other taxes are collected: Provided, however, That the Commissioners of the District of Columbia may, in their discretion, sell and convey the land contained in the alley to be closed, for cash, to any person or persons; that the Commissioners of the District of Columbia may, in the opening, extension, widening, or straightening of an alley, close an alley, or part of an alley, the fee to which is not in the United States, provided the owners of all the lots or parts of lots abutting thereon and the party or parties holding the fee title to the land contained in the alley to be closed shall first sign and file a petition therefor in triplicate, together with a plat thereof in triplicate, as provided by section sixteen hundred and eight of this code. One copy of said plat shall be filed and recorded in the office of the surveyor of the District of Columbia, one in the office of the recorder of deeds, and the other in the office of the Commissioners of the District of Columbia.]

Sec. 1611. That all money derived from the sale of land in which the United States is interested, under the provisions of this Act, shall be paid into the Treasury of the United States by the Commissioners of the District of Columbia to the credit of the United States.Act approved February 23, 1905 (33 Stat., Part I, p. 736).

(Repealed.)

[Sec. 1611. DAMAGES.-That upon the filing of such plat by the surveyor in the office of the Commissioners of the District of Columbia, as aforesaid, the said Commissioners shall make an application in writing to the marshal of the District of Columbia to summon and impanel a jury of twelve citizens who have no interest in the real estate mentioned in the said petition (and it is hereby made his duty to summon and impanel the same in all such cases, upon application to him in writing by said Commissioners), and who, having first taken and subscribed an oath in writing to discharge the duty imposed upon them by the provisions of this act justly and impartially, shall proceed to ascertain and appraise the damages which may accrue to the real estate of any person or persons by the opening, extending, widening, or straightening of such alley or minor street, which shall be the value of the land at the time of the taking; and they shall make and file a statement in writing, signed by them, of the damages so ascertained and appraised, in the office of

the Commissioners of the District of Columbia, and a duplicate of said statement in the office of the recorder of deeds for the said District, and the amount thereof shall be paid to the persons, respectively, entitled thereto by said District of Columbia, out of any funds available therefor; and all such alleys or minor streets or extensions, widenings, or straightenings shall thereafter be kept open and free for public use.]

Sec. 1612. That in all cases where plats are required to be made under the provisions of this Act, or where the said Commissioners shall deem it necessary that they shall be made in order to more effectually carry out any provision hereof, such plats shall be made by the surveyor of the District of Columbia, who shall require the person or persons desiring the same to deposit in advance a sum to defray the cost of preparing the same; any amount of such deposit remaining after the cost of such plats has been paid shall be refunded to the party so depositing: Provided, That plats ordered by the said Commisssioners shall be prepared by said surveyor free of cost.-Act approved February 23, 1905 (33 Stat., Part I, p. 737).

(Repealed.)

[Sec. 1612. That the said jury shall apportion an amount equal to the amount of said damages so ascertained and appraised as aforesaid, including five dollars for the services of said marshal when actually employed and five dollars per diem for the services of each of said jurors when actually employed, according as each lot or part of a lot of land in such square may be benefited by the opening, widening, extending, or straightening of such alley or minor street: Provided, however, That in cases provided for in section sixteen hundred and ten of this code the sums paid or agreed to be paid for the land contained in any alley or part of alley to be closed shall first be deducted from the amount of benefits so to be assessed; and they shall make due return of such apportionment to the recorder of deeds and to the Commissioners of the District of Columbia, in which they shall designate each lot or part of a lot of land in such square so benefited, and the amount so apportioned to each, resptively; and in case of failure to pay the amount so apportioned, it shall be the duty of said Commissioners, or some one designated by them, to levy an assessment upon each lot or part of lot of land in accordance with such apportionment, the same to be collected as other special assessments upon real estate are collected; and said assessment shall bear interest at the rate of ten per centum per annum until paid.

Sec. 1613. That the validity of any condemnation proceeding under the Act of Congress entitled "An Act to provide for the opening of alleys in the District of Columbia," approved July twenty-second, eighteen hundred and ninety-two, or under the Act of Congress entitled "An Act to open, widen, and extend alleys in the District of Columbia," approved August twentyfourth, eighteen hundred and ninety-four, or under the sections of the code of law for the District of Columbia hereby repealed, shall not be affected by the want of proper notice to any proprietor of land in the square, except as to such proprietor; and if it shall appear to the satisfaction of the Commissioners of the District of Columbia that any such proprietor was not notified as required by said Acts the said Commissioners may proceed under this Act to condemn the land affected by the want of such notice.-Act approved February 23, 1905 (33 Stat., Part I, p. 737).

(Repealed.)

[Sec. 1613. That the said marshal shall give or cause to be given at least ten days' written or printed notice of the time and place of the meeting of such jurors, for the purposes aforesaid, to each proprietor of land in the square designated as the location of such alley or minor street. If the proprietor be a resident of the District of Columbia, the notice shall be served by delivering a copy thereof to him or her personally, or leaving it at the usual residence with some person over ten years of age. If the proprietor be a nonresident, the notice shall be served by delivering a copy thereof to his or their tenant or agent, or depositing it in the post-office at Washington City, inclosed in a postpaid envelope, which shall be addressed to the proprietor at his or her post-office address. If the proprietor or proprietors be under twentyone years of age, the notice shall be served as hereinbefore provided upon the guardian or parent of such minor or minors. A return of such service and the manner thereof shall be made by the marshal to the Commissioners of the District of Columbia, and shall be filed among the records of said District.]

Sec. 1614. ALLEYS PREVIOUSLY OPENED, AND SO FORTH. That all alleys opened or extended in the city of Washington since June thirtieth, eighteen hundred and seventy-one, under an ordinance of the late corporation of Washington approved November fourth, eighteen hundred and forty-two, are hereby made valid: Provided, That nothing in this code shall affect the rights of parties to suits now pending in such cases.

Sec. 1615. That all alleys or parts of alleys heretofore closed by subdivision, with the approval of the Commissioners, shall remain unaffected by this code.

Sec. 1616. MONEYS FROM SALE OF LAND.-If any money from the sale of land in which the United States is interested shall remain after carrying out the provisions of the preceding sections of this code, such moneys shall be paid into the Treasury of the United States by the Commissioners of the District of Columbia.