Delaware State journal and statesman., 1864-04-26
Approved, April IL, 1864.

law for the payment of the Territorial Legisla-
ture
Approved, April ~, 1864
fPUBL1e- No. AZ.
AN ACT in addition to an act for the establish
ment Of certain arsenals.
Whereas il is necessary that the Government
of the United States should at an early day, for
the purpose of the arsenal at Rock Island, in the
State Of Illinois, provided for in the act passed
July eleventh, eighteen hundred and sixty-two,
obtain the possession of and title to certain lands,
now the property of private persons upon which
to locate the said arsenal, with the grounds and
buildings needful for and to make part of the
same Now therefore,
Be il enacted By he. Senate and House Of Repre-
ssntatUes Of The United States Of America in Con-
gress assembled, That the Secretary Of War be,
and he is hereby, authorized and empowered to
take and hold full, complete, and permanent pos
session in behalf of the United States, of oil the
lands and shores OF the island of Rock Islanl in
the State of Illinois, the same, when SO possessed,
to be held and kept as a military reservation by
the War Department, upon which shall be built
and maintained an arsenal for the construction,
deposit, and repair Of arms and munitions of
war, and such other military establishments as
have been or may be authorized by law to be
placed thereon in connection with such arsenal,
Sec, 2. ARd be il further enacted, That if it
shall appear upon examination by the Attorney
General of the United States of the titles of the
lands on Rock Island taken and occupied by the
Secretary of War for an arsenal, and other mill
tary purposes, as provided in the foregoing sec
ton, that any part or parcels thereof are now
the property of, and are rightfully possessed by,
any individual or corporation as his OIL their own
private property, the value of such private pro-
perty so taken, and just compensation for any
damages caused by such taking, shall if mutual
/ lv aurnpd IN hv hn ,F Va nd III
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:
PrOUide1, That before such payment shall be
made, the said owner or owners of such private
property so taken, or such of them as shall agree,
shall by good and sufficient deed or deed, in due
form of law, and approved by the Attorney Gem
eral of the United States, fully release and con
vey to the Emitted States all their and each Of
their several and respective rights in and titles to
such lands SO taken.
Sec. 3. Ahd be Il further enacted, That if the
Secretary of War shall not agree with any pri-
vate owner or owners of land so taken for the
use of the United States for military purposes,
4 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 US aud for the true
value thereof, or shall from any other cause ne
glect or fail for the space of twelve months after
such taking to execute and deliver the deed or
deeds thereof needfu, in the opinion of the At
torney General of the United States to convey
to the United States the title of said lands taken,
there shall forthwith be selected three competent
persons, who shall be named aud appointed by
the President, 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, and of the several parcels thereof that
shall not have been conveyed to or paid for by
| the United States as hereinbeiore provided and
the names and titles of the claimants thereof, if
more than one, and their respective interests
therein, aul what compensation for the taking
/ of their lands is due TO each claimant; and the
said board of commissioners shall report the
same as early as practicable after their appoint
ment, to the circuit court of the United States
within and for the district in which such lands
are situated and in case of difference of opn-
ion in the said board as to the matters referred
to them, the report Of a majority of the commits
soners shall be held to be the report of the
board. And the compensation and expenses OF
the said commissioners shall be fixed and ap-
proved by the Secretary Of War, aud paid by the
Secretary of the Treasury upon bis requisition.
Sec. And be ii 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 eompensa-
ton, 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 COM
missioners, and agree to accept the said sum- IN
full satisfaction of his or their claims for such
lands, taken by the United States PFovIded,
That if the party entitled and applying as afore-
said, or filing complaint as hereinafter pro
vided, shall have an estate for life only in said
land, or any estate less than fee simple OF
shall be a married woman, or a minor, or nor
compos mentis, the court aforesaid shall, in Its
final Judgment or decree, make such order fol
the payment of the said compensation to the
! party for its payment into court; and as to thG
investment OF the principal and disposal of tht
income, or interest thereof, as shall be just and
equitable, and for the protection OF the rights o.
those interested, in accordance with the rules
and practice of Courts of equity, in cases where
fund in court is to be divided and admins
tered.
Sec. 8. And be il further enacted, That any
person or persons aggrieved by the dOings of the
aforesaid board of commissioners, in the estima'
tion of his or their damages, or in the refusal OF
{ omission thereof, may at any time within twelve
months from and after the return of the said re-
f port 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 sitting as a court OF equity
setting forth the title which he or they may have
q or claim 10 said lands TAKEN or in parcels there
Of, and the grievance complained of and tbs
D.. said court after reasonable notice to the dstric
l attorney of the United States for that district
who shall appear and act for and in behalf Of tn
y United States, shall proceed and hear the partie
e and their evidence, according to the course o
/ proceedings 10 equity, and shall determine wha
= right or title, if any, the complainant or com
J. plainants had in and to the parcels of land take
r clsimed by him or them, and shall ascertain an
by decree fix the sum or sums of money to whic
= Rs damages or just compensation for such takin