Arkansas intelligencer., 1858-05-07

~H .''''0 az '''N b'o''iCt oi NolumOls, tErOU. h
which SAID aqueduet is intended to pass. for
the purchase or use and occupation thereof
/ aud IN caie Of disagreement, or in case The
/ owner taGcof shall be a femme covert. r.lar
age, non 'ompOS, or out Of The pistiic, Of Co
iuIno1, ol application to n Judge Of the cir
cunt ooWt OF SAID District the said iuL.-s shall
'-soe IN, Warrant, under his hand, to the mar
Shad of 'Le sal4 District to summon iurv Of
eshtcen Inhabitants Of said District no; r.la-
tel 10 the parties, nor in any manner interest.
ed 10 met on the land TO be valued. at a dav
10 oe eNyFessed IN the warrant, not less than
ter, nor elohe than twenty DAYS thereafter:
?, ~ oti1s t',n- end rt,sov vf s'uu sneeUrg
"e'hS nrst Sien to the owners of such land
OF 10 Their leg" Representatives, in person il
.H"' DC !,aeucaole. and if not, by publication
III some washington City newspaper, daily
Tor two weeks, and the .aarshal. upon receiv-
ING said warrant, shall tOrt.with summon the
said jury, and, when met, sh.ll administer an
oath or affirmation to every .aryman who
shall appear, being not less than twelve in
number, that he will faithfully, Jusjy. and
impart.aily value the land; and all damages
tie owner thereof shall sustain 10y cutting the
aIueduct through such land, or the partial.
or temporary appropriation, use, or occupa-
ton, OF such land, according TO the best ofhs
skill and Judgment; and that in such yalua-
ton he viii lot spare any person for favor or
affection, nor any person greyed for malace.
hatred, or i'll will, and the inquisitiou there
upon taken shall be signed by the marshal
and iourffths Of the said jury, and returned
by the marshal 20 the circuit court for the
District Of Columbia, and unless good cause
be shown against the said inquisition, il shall
be affirmed by the court at its first term after
said return, and recorded; brt if from any
cause, no inquisition shall be returned to such
court within one month after the commence
ment OF the next ensuing term, the said court,
at its discretion, rs often rs 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
q scribe and ascertain the bounds OF the land
by them valued, and the quality and duration
Of the interest and estate III the same requir-
ed by the said United States for the use of
the aqueduct, aud their valuation shall be
conclusive Oh all persons, and shall be paid
for bv the said United States, or its authori
zed agents, to the owner Of the land, or his,
or her. or their legal representatives; and on
payment thereof, the said United States shall
be seized by such land as of an absolute cs-
tate IN perpe'uity, or with such less quantity
and duration VI ilIercs. or estate IN tie same,
or subject to such partial or temporary APP
propriation, use, or occupation, as shall be re
quircd or desired, as aforesaid, as If conveyed
6y the owner to the said United States: and
Whenever. in the construction ofsa.I aquciuct
or auv # the wcrks thereof, reservoirs. dams,
ponds feeders, tunnels, acgueductS, cu,vcrts,
bridges. or works Of any other description
whatsoever appusteuaut thereto, it shall be
necessary to use earth, timber stone or gravel,
or any other material 10 be found on any of
the lands aliacrnt or near thereto, and the
said [ u,.cd States, OF thc,r sggut, cannot
procure the same fyr the works aforesaid by
private contract Of the proprietor or owner,
or in ease the owner should be a femme co
vert or non coupos, or under age, or out Of
the District, the same proceedings, in all re-
spects, shall he had as in the case before men
toned of the assessment and condemnation Of
the lands required for the said aqueduct or
h. work appurtenant thereto; Provided, That
the work shall not be delayed pending any
such proceeding in court, but the same shall
be continued without obstruction thereby af-
to- the iuquisit.on shall be returned to the
{. 1T.
CSC. 2 Ind D. e tqrticr enacted, That it
shall and may be lawful for the United States
or its agent, in case Of any dispute or difficult
~ arising rs to the ownership Of the land,
condemned, - above. for tie use of said
aGueduct, or in case the owner should be a
femme covert, under age, non cOmpos, o. out
.he said District of Columbia, and no per
IN duly authorized to receive the same, that
United States or lis agent be authorized,
petition TO the circuit court for the Dis
trct OF Columbia, and upon said courts or
der. to deposit the money for which the said
land was condemned in the place directed by
said court, and the certificate of 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
perpetuty, or with such less quantity and
duration of interest in the same, as subject to
such partial or temporary or permanent, use
or occupation as shall be required and de-
scribed as aforesaid, if conveyed by the own
er or owners Of said land.
SEC. 3. And be Hturtter enacted, That it
shall be the duty Of said circuit court TO hear
and determine TO whom the said money does
belong and, upon being satisfied rs to whom
the land I'D belong, to pass their decree di-
recting the clerk of said court to pay over to
the owner the same money deposited as above,
after deducting expenses. The court is fur
ther 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 said court.
Approved April s, 1858.
PUBLIC @.