Delaware State journal and statesman., 1864-04-26

the comp plainants, aeyeralIy or jointly If they
apply jointly, are entitled: Provided, That il
complainant in any case shall, in writing or by
motion, SO request the value of the land taken or
his interest therein shall be assessed or de-
termlned 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. d. And be ii further enacted, That if the
attorney of the United States shall 30 request,
the court may, before ordering issues to be
framed ior jury, as Provided in the foregoing
seciloh' require the compliments applying there
lor 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, If the
verdict of such jury shall not be n 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 IS to
the amount Of costs to be paid by or to the COM
plainants shall be within the determination OF
the court at their discretion, and according to
the rules Of equity practised in the courts Of the
United States.
Sec. Z. .4nd be il 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: Provided, That such ap-
peal shall be taken within ninety days after the
rendition of such judgment or decree.
Sec. 3. Aad be ii fNrtheT enacted, That 10 all
cases Of final judgments or DEGREES by said Cir
cult Court, or on appeal by the said Supreme
Court, where the same shall be affirmed in favor
Of the claimant, the sum due thereby shall be
paid either to the claimant or into the Circuit
Court aforesaid, as said judgment or decree may
determine, by the United States, out Of the
money appropriated for the construction aud
maintenance of said arsenal on presentation to
the Secretary of the Treasury Of copy Of said
judgment or decree signed by the presiding
Judge. aud certified by the clerk Of the said Cir
cult Court Aud such payment shall be full
discharge to the United States for the eompen-
sation aud damages due for the taking Of the
lands in respect of which the said Judgment or
ducree was rendered or made, and shall forever
ar any further claim or demand against the
United States arising out of the taking of such
land. And auch payment or the lawful tender
thereof, shall operate as and shall be deemed
and held to be full and complete conveyance
of the parcel or parcels of land for which it was
made to the United States
Sec 8. And be IL further enacted, That every
claim against the United States for the taking of
land Tor public use as herein authorized, shall
be forever barred unless, within three years from
the time of such taking, the claim for compensa-
ton therefor shall be adjusted by agreement
with the Secretary of War, OF be settled by an
award of the beard Of commissioners, or pre-,
ssnted by complaint or petition to the Circuit
Court of the United States in the district in
which the land is situated: PROVIDED, howeVeT,
That the claims Of persons, who at the time of
the taking shall be under the age of twenty one
years, married women, idiots, lunatics, or insane,
or beyond seas, shall mot be barred if their pe-
ttion or complaint be filed in said court as
aforesaid, within three years after the disability
has opaaa1 hnf diaahilifU nfhar than fhnua
enumerated shall prevent any claim from being
barred, nor shall any of the said disabilities
operate cumulatively.
Approved, April 10, 1864.