Imágenes de páginas

erty taken.

agreed upon.

partment, upon which shall be built and maintained an arsenal for the construction, deposit, and repair of arms to be built there and munitions of war, and such other military estab-on. lishments as have been or may be authorized by law to be placed thereon in connection with such arsenal. SEC. 2. And be it further enacted, That if it shall appear

Compensation upon examination by the Attorney-General of the United for private propStates of the titles of the lands on Rock Island taken and occupied by the Secretary of War for an arsenal and other military purposes, as provided in the foregoing section, that any part or parcels thereof are now the Mode of pro property of, and are rightfully possessed by, any individ-damages are ual or corporation as his or their own private property the value of such private property so taken, and a just compensarion for any damages caused by such taking, shall, if mutually agreed on by the Secretary of War and the rightful owner or owners thereof and approved by the President, be paid by the Secretary of the Treasury to said rightful owner or owners so agreeing, out of the appropriations made or to be made for the construction of said arsenal: Provided, That before such payment shall be proviso. made, the said owner or owners of such private lands so taken, or such of them as shall agree, shall by good and sufficient deed or deeds, in due form of law, and approved by the Attorney-General of the United States, fully release and convey to the United States all their and Deed be each of their several and respective rights in and titles to such lands so taken.

Sec. 3. And be it further enacted, That if the Secretary Proceeding of War shall not agree with any private owner or owners not agreed as to of lands so taken for the use of the United States for military purposes, or if any such owner or owners shall refuse to accept the sum to be paid to him or them by the Secretary of the Treasury as and for the true value thereof, or shall from any other cause neglect or fail, for the space of twelve months after such taking to execute and deliver the deed or deeds thereof, needful in the opinion of the Attorney-General of the United States, to convey to the United States the title of said lands taken, there shall forthwith be selected three competent per- Commissioner sons, who shall be named and appointed by the President ... be appointed and shall by him be constituted a board of commissioners, whose duty it shall be to hear the parties interested, who may appear before them upon reasonable notice of time and place, and ascertain the true value of the land taken,




Court to order payment.

and of the several parcels thereof that shall not have been conveyed to or paid for by the United States as hereinbefore provided, and the names and titles of the claimants thereof, if more than one, and their respective interests therein, and what compensation for the taking

of their lands is due to each claimant; and the said Report to the board of commissioners shall report the same as early as circuit court

practicable after their appointment to the circuit court of the United States within and for the district in which such lands are situated; and in case of a difference of opinion in the said board as to the matters referred to

them, the report of a majority of the commissioners shall Pay of commis- be held to be the report of the board. And the compen

sation and expenses of the said commissioners shall be fixed and approved by the Secretary of War, and paid by the Secretary of the Treasury upon his requisition.

SEC. 4. And be it further enacted, That the said circuit court, upon the return and examination of the report of the said commissioners, shall, for the parcels of land taken, as to which there appear to be no conflicting claims for compensation, by decree, order the sums awarded by the commissioners in said report, to be paid to the person or persons who shall, according to said report, be entitled thereto, and who shall apply therefor, and who shall by writing filed in the said court, waive his or their right to an appeal from the determination of the said board of commissioners, and agree to accept the said sum, in full satisfaction of his or their claims for such lands, taken by the United States: Provided, That if the party entitled and applying as aforesaid, or filing a complaint as hereinafter provided, shall have an estate for life only in said land, or any estate less than a fee simple, or shall be a married woman, or a minor, or non compos mentis, the court aforesaid shall, in its final judgment or decree, make such order for the payment of the said compensation to the party or for its payment into court; and as to the investment of the principal and disposal of the income, or interest thereof, as shall be just and equitable, and for the protection of the rights of those interested, in accordance with the rules and practice of courts of equity, in cases where a fund in

court is to be divided and administered. Appeal

SEC. 5. And be it further enacted, That any person or persons aggrieved by the doings of the aforesaid board of commissioners, in the estimation of his or their dam


from decision of commissioners.


of pro


ages, or in the refusal or omission thereof, may at any time within twelve months from and after the return of said report to the said circuit court, or within three years after the land claimed shall have been taken, make application by complaint in writing to the said court ceedings. sitting as a court of equity, setting forth the title which he or they may have or claim in said lands taken, or in parcels thereof, and the grievance complained of; and the said court, after reasonable notice to the district attorney of the United States for that district, who shall appear and act for and in behalf of the United States, shall proceed and hear the parties, and their evidence according to the course of proceedings in equity, and shall determine what right or title, if any, the complainant or complainants had in and to the parcels of land taken, claimed by him or them, and shall ascertain, and by decree fix the sum or sums of money to which as damages or just compensation for such taking the complainants, severally or jointly, if they apply jointly, are entitled: Provided, That if a complainant in any case shall, in writing or by motion, so request, the value of the land taken or his interest therein shall be assessed or determined by a jury upon the law side of the court, Trial by jury. upon issues properly framed, under the direction or allowance of the court sitting in equity.

SEC. 6. And be it further enacted, That, if the attorney Complainants of the United States shall so request, the court may, to give security before ordering issues to be framed for a jury, as provided in the foregoing section, require the complainants applying therefor to undertake and to give security satisfactory to the court therefor, that they will pay, the costs of court to be taxed by the court, if the verdict of such jury shall not be in favor of such complainants and for a sum larger than that allowed by the board of commissioners in their report; and the decision of all questions as to the amount of costs to be paid by or to the complainants shall be within the determination of the court at their discretion, and according to the rules of equity practiced in the courts of the United States.

Sec. 7. And be it further enacted, That either party Appeal to the may appeal to the supreme court of the United States the from any final judgment or decree which may be rendered by said circuit court in any case arising under the provisions of this statute, where the amount in controversy 3763918






exceeds three thousand dollars: Provided, That such appeal shall be taken within ninety days after the

rendition of such judgment or decree. Final judg- SEC. 8. And be it further enacted, That in all cases of ments or decrees in favor of claim- final judgments or decrees by said circuit court, or on ant to be paid.

appeal by the said supreme court, where the same shall be affirmed in favor of the claimant, the sum due thereby shall be paid either to the claimant or into the circuit court aforesaid, as said judgment or decree may determine, by the United States, out of the money appropriated for the construction and maintenance of said arsenal, on presentation to the Secretary of the Treasury of a copy of said judgment or decree signed

by the presiding judge, and certified by the clerk of the Effect of such said circuit court. And such payment shall be a full payment.

discharge to the United States for the compensation and damages due for the taking of the lands, in respect of which the said judgment or decree was rendered or made, and shall forever bar any further claim or demand against the United States arising out of the taking of such land. And such payment, or the lawful tender thereof, shall operate as, and shall be deemed and held to be, a full and complete conveyance of the parcel or parcels of land for which it was made to the United States.

Sec. 9. And be it further enacted, That every claim justed, &c., with against the United States for the taking of land for

public use as herein authorized, shall be forever barred unless within three years from the time of such taking the claim for compensation therefor shall be adjusted by agreement with the Secretary of War, or be settled by an award of the board of commissioners, or presented by complaint or petition to the circuit court of the

United States in the district in which the land is situated: Saving in favor Provided, however, That the claims of persons, who at ried women, &c. the time of the taking shall be under the age of twenty

one years, married women, idiots, lunatics, or insane, or beyond seas, shall not be barred if their petition or complaint be filed in said court as aforesaid, within three years after the disability has ceased, but no disability other than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively.

APPROVED, April 19, 1864.

Claims for damages to

be ad.

in three years.

(13 Stats. 122]

CHAP. CXVII.-An Act to authorize the Secretary of the Treasury to

June 11, 1864. stipulate for the Release from Attachment or other Processes, of Property claimed by the United States, and for other Purposes.

Be it enacted by the Senate and House of Representatives Attachment in of the United States of America in Congress assembled, ing property

, That whenever any property owned or held by the United the United

States, how may States, or in which the United States have or claim an be discharged. interest, shall, in any judicial proceeding under the laws of any state, district, or territory, be seized, arrested, attached, or held for the security or satisfaction of any claim made against said property, it shall be lawful for the Secretary of the Treasury, in his discretion, to direct the solicitor of the treasury to cause a stipulation to be entered into by the proper district attorney for the discharge of such property from such seizure, arrest, attachment, or proceeding, to the effect that upon such discharge, the person asserting the claim against such property shall become entitled to all the benefits of this act; and in all cases where such stipulation shall be entered into, as aforesaid, and the property shall, in consequence thereof, be discharged as aforesaid, and final judgment Effect of final shall be given in the court of last resort to which the Sec-judgment in such

proceedings. retary of the Treasury may deem proper to cause such proceedings to be carried, affirming the claim for the security or satisfaction of which such proceedings shall have been instituted, and the right of the person asserting the same to enforce it against such property by means of such proceedings, notwithstanding the claims of the United States thereto, such final judgment shall be deemed, to all intents and purposes, a full and final determination of the rights of such person, and shall entitle such person, as against the United States, to such rights as he would have had in case possession of said property had not been changed: and if such claim be for the payment of money, and the same shall by such judgment be found to be due, the presentation of a duly authenticated copy of the record of such judgment and proceedings shall be sufficient evidence to the proper accounting officers for the allowance thereof; and the same shall thereupon be allowed and paid out of any moneys in the treasury not otherwise appropriated: Provided, That limit the amount so to be allowed and paid shall not exceed


paid. the value of the interest of the United States in the property in question: And provided, further, That nothing



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