Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1864-07-02

fund in court is to be divided and admins
tered.
Sec. s. And be 1t .fxrtAer enacted. That
any person or persons aggrieved by the do
ings of the aforesaid board of commissioners,
in the estimation Of his or their damages, OF
in the refusal o- omission thereof, may at
any time within twelve months from and
after .he return of said report to the said
circuit court. or within three years after the
land claimed shall have been taken, make ap.
plication by complaint in writing to the said
court 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 there
of, 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 il.
behalf of the United States, shall proceed 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 complain.
ants, severaly or jointly, if they apply jointly,
are entitled: Provided, That if complain
ant, in any case shall, in writing or by
motion, so request, the value of the land
taken or his interest therein shall be asses.
sed or determined by jury upon the law
side of the court, upon issues properly framed,
under the direction or allowance Of the court
sitting in equity.
Sec. 6. and be 1t 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 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, ifthe verdict of such jury shall
not be in favor of such complainants. and
for 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 complain
ants shall be within the determination OF the
court at their discretion, and according 10
the rules of equity practiced in the courts Of
the United States.
Sec. 7. And be it further enacted, That
either party may appeal to the Supreme
Court of the United States from any
final Judgment or decree which may be rem
dered BY said circuit court in any case aris-
ing under tho provisions of this statute, where
the amount in controversy exceeds three
thousand dollars Provided, That such ap-
peals 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 judgments or DEGREES by
said Circuit Court, or ON appeal by the said
Supreme Court, where the same shall be at
firmed in favor of the claimant, the sum
due thereby shall be paid eithe: to the
claimant or into the Circuit Court aforesaid.
as said judgment or decree may determine
by the United States, out of the money ap-
propriated for the construction and mainten-
ance Ct said arsenal, on presentation to the
Secretary of the Treasury of copy OF said
judgement or decree signed by the presiding
Judge, and certified by the clerk of the said
Circuit Court And such payment shall be
a full 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 maae'
and shall forever bar any further claim or de.
mand against the United States arising out OF
the taking of such land. And such pay
ment, or the lawful tender thereof, shall
operate as and shall be deemed and held to
be full and complete conveyance Of the par
eel or parcels of land for which it was made
to the United States.
Sec. Q. And be it further eracted. That
every claim against the United States for the
taking of land for public use as herein author
ized shall be forever barred unless. within
three wears from the time Of such taking. the
claim for compensation thereof shall be ad.
;usted bv agreement with the Secretary Of
War, or be settled by an award Of the board
Of commissioners, or presented by complaint
or petition to Circuit Court of the United
States in the district in which the land is
situated: Provided, hU,ccrer, That the
claims of persons, who at the time Of the
taking shall be under the age Of twenty-one
wears, married women, idiots, lunatics. or in
sane, or beyond seas. shall not be barred II
their petition or complaint be filed in said
court as afore said. 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 disability other than those emu
merate shall prevent any claim from being
barred, nor shall any Of the said disabilities
operate cumulatively.
APPROVED, April 10. 1864.
| ~ Ike Msrvel says he has no faith in cats
they are a cold blooded race; they ar" politi-
clans among domestic animals; they care lit
tie who il master. or what are the overturn-
Jugs. 50 their pickings are se:ure; and what
are their midnight caucusses but primary
meetingsl
An EXCELLENT IDEA.-A Quaker friend Of
ours advises: Don't scold . woman lest she
should scold better than thee.