The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-05-18
OFFICIAL
LAWS OF THE UNITED STATES
Passed at the First Session of the Thirty
Eighth Congress.
lPrBuc-No- IS

I
An ACT ia addition 70 al act Tor the establishment q
certain arseHals.
where's Il is Necessary that the Government Of the
United states should az eary day FOR the purpose Of
the arsenal at Rock Island in the state Of Limos pro
for the passed July eleventh eighteen hun
dred and sixty-two, obtain tie possession of aud little
ecrain lands, the propSry q private persons upon
which % locate the sai arsenal with the grounds an
buidi ncetfu for and 10 make part C tse SANE
NOW therefore
b IL ersacte J s S.nat, and House ef Representatives.
Of ne Jaits Sfrirs Of AHericG ia Congress dsselild
That this seer ary al War be- and he hereby author
and empowered % take and hold full compcte and
permanent possession ia behalf a tie United stts oi
all the lands and shores II the island Of Rock Island Ia
the of Illinois the same when possessed O. b.
held and kept as military reservation by The War De-
partment, upon which shall be- bulk aud maintained
arsenal for the construction depos and repair Of
and munitions Of war and such other military establish
have been or may be authorized by law T. be
placed thereon In connection with such arsenal
Ser Ind b. Il further enGctod That II IL shall appear
upon examination by the Attorney General Of the United
Of the titles OF the lands on Rock Island taken and
occupied BY the Secretary OF War for an arsenal and
other military purposes provided IN the foregoing
tion that part parcels thereof the prop
ery Of and rghtfuy possessed by any individual
corporation bis or their private property the
value Of such private property taken and just
pensaon for any damages caused by such taking shall
II mutually agreed on by the Secretary Of War and the
rghlu owner or owners thereof aud approved by the
President be paid BY the Secretary Of the Treasury
said rightfu owner owners AGREEING out Of the
rat0ns made or 10 De made Tor the CONSTRUCTION
of said arsenal PrOrsded, That before such payment
shall bc made the said owner or owners Of such private
proplrlv taken such them shall agree shall
by good aud sufficient deed deeds in due form Of law
ami approved by the Attorney General Of the United
states fully release and convey % the United Stttes a
their aud each ot their several and respective rights %
and titles o. such lands so taken.
3. Ind b, t firher eHa-td, That II the Secretary
Of War shall not agree with any private owner OF own
ers % Land so taken i'r te Use II the United states Tor
military purposes any such owner owners shall
refuse to accept the D. be pail him them by
the secretary Of the Treasury and for the true value
zfiI there
the space OF twelve months after snch taking 10 eXecut
ami d, liver the deed deeds thereof needfui, tin
opinion Oi the Attorney General Of the United states, L.
convey % the United states the title Of said anis taken
there shall forthwith be- selected three competent per
sons who shall be- named and appointed by the Pres
dent, ami shall hy him d. constituted = board 81 com
mlssoners, Whose duty % shall be- l. hear the parties
Interested, who may appear before them upon reason
able not Of time and place. and ascertain the val
of the land taken, and OF tine several parcels thereof
that shall not have been conveyed t. paid for by the
Unitei States heTenhefore provided and the names
and titles Of the claimants thereof # than and
their respective interests therein and what compensa
for the taking of their lands Is due t. each claimant
and the said board Of commissioners shall report the
same as carly as practicable after their appointment Ia
the circuit of the United states within and for the
district which such lands situated and IN Of
difference II opinion in the said board the matters
soners shall be held to be the report Of the beard And
the compensation and expenses Of the sad commissioners
shall be fixed and approved by the Secretary of War and
paid by the Secretary OF the Treasury upon his requs
ition
Sec l. Ard b. further enacted That the said circuit
court upon the return aud examination OF the report Of
the said commissioners, shall for the parcels Of land
KEN % which there appear 10 be nOcondctng cllns
for compensation by decree order the awarded by
the commissioners in said report be paid the per
persons who SHALL according TO said report be
entitled thereto and who shall apply therefor aud who
shall by writing flied in the said court waive his or
their right u appeal from the determination Of the
said board OF commissioners, and 10 pit the
said sum- IN full satisfaction Of his or their claims for
such lands taken by the United states. Iroaded That
II the party entitled and apply ing aforesaid filing
complaint hereinafter provided, shall have estate
life only said lands, any estate less than fee
simple OF shall be married woman, a minor non
cOmpos ments, tho court aforesaid shall, IN its final
Of the said compensation to the party for its payment
judgment decree, make such order for the payment
into court; and as the investment Of the principal
and disposal Of the income interest thereof shall
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 fund IN
court is 10 be divided and administered.
sec. 3. And be u further enGcted, That any person
persons dongs Of the aforesaid board OF
commissioners the estimation Of his their damages
the refusal or commission thereof may al any time
within twelve months from and after the return Of said
report the said circuit court, within three years
after the land claimed shall have been taken, make ap
plcation by complaint in writing 10 the said court sit
ting court OF equity setting forth the title which ne
they may have claim IN said lands taken or III par
GELS thereof and the grievance complained of and the
court after reasonable notice To the district attOr
ney Of the United for that district who shall ap
pear and act for and In behalf Of the United states shall
proceed and hear the parties and their evidence accord
termine what right title If any the complainant or
complanants had and to the parcels OF land taken
claimed by him OF them, aud shall ascertain and by de-
cree fx the sums of money 70 which as damages
just compensation for such taking the c0mplanants,
severay jointly If they apply jointly, are entitled
Prorifed, That a complainant IN any case shall IN
writing by motion, request the value Of the land
taken his interest therein shall be assessed or deter
mined by jury upon the law sie Of the court, upon Is
properly framed under the direction allowance
Of the court sitting III equity
sec G. And b, 1t further enacted That if the attorney
Of the United states shall request the court msy be
fore ordering issues TO be rame Tor jury as PROVIDED
the foregoing section, require the cOmpainants apply
ng therefor u undertake and 70 give security satsfac
tory The court therefor that they will pay the
Of be taxed by the court II the verdict Of such
jury shall be IN favor Of such companants and for
sum larger than that allowed by the board of cOmmis
soners their report and the decision OF all questions
to the amount of costs TO be paid by or 10 the COM
painants shall be within the determination of the court
their discretion and according to the rules OF equity
practiced IA the courts OF the United States.
Sec. = Ind be further enacted That either party may
appeal the supreme Court Of the United States from
any final Judgment decree which may be rendered by
said circuit court any arising under the pTovis
of this statute where the amount in controversy
ceeds three thousand dollars PROVIDED That such ap
peal shall be taken within ninety days after the rend
tion Of such judgment or decree.
And be ii further enacted, That in all cases OF
final judgments decrees by said Circuit Court
peal by the said Supreme Court, where the shall
be affirmed in favor of the claimant, the duo there
by shall be paid either to the claimant OF into the Circuit
Court Aforesaid such Judgment or decree may deter
|
ated for the construction and OF such
nal presentation To the Secretary Of the Treasury Of
copy or said Judgment decree signed by the presd
ing Judge and certified by the Clerk Of the said Circuit
Court And such payment shall be full discharge 10
the United States the compensation and damages due
for the taking of the lands in respect Of which the said
| Judgment decree rendered or made, and shall
forever bar any further claim demand against the
United States arising Of the taking Of such land
And such payment, the lawful tender thereof shall
operate and shall be deemed and held TO be full and
complete conveyance Of the parcel OF parcels Of land for
| which IL made 10 the United States
| Sec Q. AHd be Il further enacted That every claim
against the United States for the taking OF ndfor pub
lie herein authorized shall be forever barred
less within three years from the time Of such taxing the
claim for compensation therefor shall be adjusted by
agreement with the Secretary Of War be settled by
award Of the board Of commissioners presented by
complaint petition the Circuit Court OF the United
states in the district in which the land situated Pro
rlai, hOreUer That the claims Of persons who At tho
time u the taking shall be under the u twenty
wears married women. IDIOTS lunatcs or insane be
v0nd seas shall not be barred II their petition com
plant be ii.ed in said court Aforesaid within three
years after the disability has ceased but no disability
other than those enumerated shall prevent any claim
from being barred shall any Of the said disabilities
/ operate cumulatIvely-
Approved April 70, 1861
lrURIIC-N0 40
An ACT fixing the date Of the loss Of the Z. : brie
q RanbFdge, and for the relief of officers. seamen
and marines OF the same. and for other purposes.
Be Il enacted ly the Senate and House Of Representative
Of tie United States Of 1ericd IN Congress dSss7blef
That for nurpOSe nNiur the time which shal