, 1864-06-27

act, the laws Of the United States, not locally
shall have the same force and effect
within the said State as elsewhere within the
United States, and said State shall constitute
one judicial district, and be called the district
Of Nebraska.
Sec IL And be it. further enacted, That any
unexpended balance Of the appropriations ior
said territorial legislative exI enses Of Nebraska
remaining for the fiscal years eighteen hundred
and sixty three and eighteen hundred and sixty
four, or SO much thereof as may be necessary,
shall be applied to and used for defraying the
expenses Of said convention and for the pay.
ment Of the members thereof, under the same
rules, regulations, and rates as are now pro.
vided by law for the payment Of the Territorial
Legislature.
Approved, April 10, 1864.
An AcT in addition to an act for the establish
ment Of certain arsenals.
Whereas it is necessary that the Government
Of the United States should ut an early day,
sor 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 per-
sons, upon which to locate the said arsenal,
with the grounds and buildings needful for
and 10 make part Of the same: Now, there
fore,
Belt enacted By the Senate and House Of Rep-
rcsentdtires Of tie United States of ANaeriea in
Congress assembled, That the Secretary Of War
be, and he Is hereby, authorized and empowered
to take and hold full, complete, and permanent
possession, in behalf OF the United States, oi
all the lands and shores Of the island Of Rock
Island, in the State Of Illinois, the same, when
SO possessed, to be held and kept as q 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 author
lied BY law to be placed thereof ~ connection
with such arsenal.
Sec. 2. And Be Il further enacted, That IL il
shallappear upon examination by the Attornt y
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
military purposes, as provided in the foregoing
section, that any part or parcels thereof are
now the property Of and are rightGully pos
sessed by, any individual or corporation as his
or their own private property, the value OF such
private property so taken, and Just compen-
sation for any damages caused by such taking.
shall, Il mutually agreed on by the Secretary Of
War and tho rightful owner or owners thereof.
and approved BY the President, be paid by the
Secretary Of the Treasury to said rightlnl owner
orowners soagreeing, out Of the appropriations
made or to be made for the construction Of said
arsenal: PForided, That before such payment
shall be made, the said owner or owners Of
such private property 50 taken, or such Of them
as shall agree. shall BY good and sufficient deed
OF deeds, in due form of law, and approved by
the Attorney General Of the United States, fully
release and convey to the United States al their
and each OF their several aud respective rights
in and titles to such lands s. taken. 49,.
Sec. 3, And q further enaded. That il the
Secretary Of War shall not seree with any pri-
vate owner or owners Of land so taken for the
use Of the United States for military purposes
OF i any such owner or owners shall refuse to
accept the sum to be paid TO him or them by
the Secretary Of the Treasury as and for the
true value Thereof, or shall from any other cause
neglect o. iail for the space Of twelve months
alter such taking 10 execute aud deliver the
deed or deeds thereof needfnl. IN the opinion Of
the Attorney 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
and appointed By the President, and shall BY
him be constituted board Of commissioners,
whose duty Il shall be to hear the parties inter
ested, who may appear before them upon rea.
souable 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
hereinbefore provided, and the names and titles
Of the claimants thereof II more than one, and
their respective interests therein, and what
compensation for the taking Of their lands IS
due to each claimant; and the said board Of
commissioners shall report the same as earlva as
practicable aller their appointment to the circuit
court ol the Uniled States within and for tbe
district IN which such lands are situated; and
in case Of q difference of opinion N the said
board rs TO the matters referred 10 them. the
report Of . majority Of the commissioners shall
be held to be the report Of the board And
the compensation and expenses of The said
commissioners shall be fixed and approved by
the Secretary Of War, and paid by The Secre
lnry Of the Treasury upon bis reauisition.
Sec. 4 AHd Be il further enaeted, That Che
said circuit court upon The return and exami.
nation Of thereporl Of the said commissioner.
shall, for the parcels Of land taken. as to which
thoro appear 70 be no conflicting claims for
compensation BY decree, order the sums award
cd BY the commissioners IN said report 70 be
paid to the person or persons who shall, accord.
ing to sad report be entitled thereto. and who
shall apply therefor, and who shah, by writing
fled m the said court, waive his or their rieht
% an appeal from the determination Of The ssjd
board Or commissioners. and agree to accept
tho said sum IN full satisfaction OF bis Or their
claims for such lands. taken By The United
States Pro1ided. That Il the party entitled
and applying as Aforesaid, or filing Complaint
as hereinafter provided, shall have on estate for
lile only n said land, or any estate less than a
iee simple, or shall be a married woman. or a
minor, Or non compos mentis, thr court alore-
said shall, In It's final judgment or decree, mako
such order for the payment Of the said com.
pcnsation to the party for It's payment into
court; and as 10 the Investment Of the PRINCIPAL
and disposal Of the income, or interest thereof
as shall be just and equitable, and for the nro.
tection oi the rights Of thcso Interested. 10 AZ.
ccrdance With the rules and practice Of courts
Of equity, In cases where fund IN court Is 10
Be divided and administered.
Sec. .. And BE- 1t .JiIther enafed. That any
person or persons aggrieved BY the doines 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 nIler the return
Of said report 10 the said circuit court or within
three years afler the land claimed shall have
been TAKEN make anu1srafinn nv comnla;nt i,