Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1864-06-02

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Sec. 4. And be It, further enacted
That the said circuit court, upon thu
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 COM
missioners in said report to be paid to
the person or persons who shall, &C
cording to said report. be entitled
thereto, and who shall apply therefor,
and who shall, by writing fled 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 tis or their claims for
such lands, taken by the United States:
Prorided, That if the party entitled
and applying as aforesaid, or filing a
complaint az hereinafter provided,
shall have an estate for life only in
said land, or any estate less than a
fee simple, or shall be married wo.
man, or minor, or non compos mcntis,
the court aforesaid shall, in its final
Judgment or decree, make such order
for the payment of the said compensa.
ton to the party for its payment into
court and as to the investment OF
the principal and disposal of the in
come, or interest thereof, as shall be
Just and equitable, and for the protec-
ton of the rights Of those interested,
in accordance with the rules and prac-
tice of courts of equity. in cases where
a fund in court is to DC divided and
administered. .......'... rl.-
Sec. 5. And be 1t further enacted.
That any person or persons aggrieved
by the doings Of the aforesaid board
Of commissioners. in the estimation of
his or their damages, 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 af.
ter the land claimed shall have been
taken, make application by complaint
in writing to the said court sitting as
a court of equity. setting forth the Ii
tie which he or they may have or
claim in said lands taken, or in par
cells thereof, and the grievance com.
planned of !; and the said court, after
reasonable notice to the district attor-
ney of the United States for THAT dis
trict, 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 deter
mine what right or title, if any, the
complainant or compliments had in
and to the parcels Of land taken claim.
ed 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 COM
claimants, severally or jointly. if they
apply jointly, are entitled /: PrOrided,
That if complainant in any case
shall, in writing or by motion, SO re-
quest the value Of the land taken or
bis interest therein shall be assessed
or determined by jury upon the law
side of the court, upon issues proper
ly framed, under the direction or al
lowance Of the court sitting in equity.
Sec. 6. And be It further enacted,
That if the attorney of the United
States shall SO request. the court may,
before ordering issues to be framed
for jury, as provided in the foregoing
section, require the compliments APP
plying therefor to undertake and to
give security satisfactory to tho 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
aud the decision OF all questions as
to the amount of costs TO be paid by
or to the complainants shall be with
IN the determination of the court at
their discretion, and according to the
rules OF equity practised in the courts
OF the United States. ..-.
Sec. !. And be ii further enacted,
That either party may appeal to the
Supreme Court OF the United States
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 exceeds three
thousand dollars Prorided, That
such appeal shall be taken within
ninety days after the rendition Of such
Judgment or decree.
Sec. 8. And be it further enacted
That in all cases of final Judgment
or DEGREES by said Circuit Court, or OF
appeal by the said Supreme, lCourt
where the same shall be- affirmed il
favor Of the claimant. the sum dn,
thereby shall be paid either to til,
claimant or into the Circuit Cour
aforesaid. as said judgment or deere,
may determine, by the United States
out OF the money appropriated for tn,
construction and maintenance Of sale
arsenal. on presentation to the Score
tary of the Treasury Of a copy of sait
Judgment or decree signed by the pre-
siding judge. and certified by til,
clerk Of the said Circuit Court. AND
snch payment shall be full discharg,
to the United States for the compensa
ton 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 tax
ing Of such land. And such payment
or the lawful tender thereof, shall ope
rate as and shall be deemed and held