The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-03-09

gan, the Illinois, the Mississippi and Rock
rivers.
Be IL enacted Ju the Senate and House of
Representatives of the United States of
America IN Congress assembled, That the
secretary of war be, and he is hereby au-
thorized and directed TO survey, lay out |
and construct canal from point on the |
Illinois river, at or near the town of Hen
nepin, by the most practicable and con-
venient route to the Mississippi river, at
the city of Rock Island, with branch
canal or feeder, from Rock river, at the city |
of Dixon, connecting by the most practica- !
bic and convenient route with said main |
line Of said canal at the most suitable and |
convenient point near the town of Sheffield |
Said canal and said branch shall not be |
less than seventy feet wide at the water |
line, and not less than six feet in depth of
water, with locks not less than one hun |
dred aud fifty feet in length, and twenty
one feet in width, and with a capacity for
vessels Of at least two hundred and eighty
tons burden; and for that purpose the
secretary of war shall have power and au-
thorlty, by engineers and agents employed
by him, to enter upon any lands for the
purpose of making the necessary prelimi-
nary examinations and surveys, and to en-
ter upon and appropriate to the use of the
United States, for the purpose aforesaid,
any lands for the construction of such canal
and branch, with guard gates, waste-weirs-
locks, Lighthouses, basins, bridges, and
other erections and fixtures, as may be
necessary for the safe and convenient nav
CATION of the said canal and branch
SEC. =. That the secretary Of war shall
cause to be made by skillful engineers of
the army, all necessary examinations and
surveys, and from them and surveys al
ready made he shall determine and locate
the route of said canal, with due regard
to the permanency of its construction and
its greatest advantages for military naval
and commercial purposes; and the said
engineers shall make and file in the office
OF the secretary OF war survey, map and
profile of said canal and branch when thus
located, and before the work thereon shall
be commenced.
SEC. 5, That it shall be the duty of the
secretary Of war to secure the right of way
for such canal and branch, to acquire the
title to such lands as may be necessary, by
agreement, purchase or voluntary convey
ance from the owners, ii it can be done on
reasonable terms; but if it shall be found
impractlcable, then tie secretary of war
by engineers and agents, may, at any time
thereafter, enter upon and take possession
OF said lands, and appropriate the same to
the United States for the purpose of the
construction of said canal and branch, and
shall apply, at any term of the circuit or
district court Of the United States, for the
northern district of Illinois, to be held
thereafter, at any general or special term
held IN said district, upon twenty days no
tice, for the appointment of commissioners
to fix the compensation to be paid by the
| nlted States for such right of way, and
any such land, to the owners thereof, and
the damages, il any such application shall
he made on the service of notice,
OF not less than twenty days, to the parties
In interest, of the time when and place
where such application is to be made and
it it shall be made to appear to said court.
or the judge thereof, that personal service
OF such notice cannot be made for any
cause, such service may be made by pub
fishing the same in such newspaper ard
for such length OF time as the court or
Judge may direct when the notice and the
petition on which it is issued shall in all
cases describe with reasonable certainty
the lands designed to be taken and before
proceeding to the hearing, the said court
shall appoint guardians for such of the
parties Interested in the lands US are min
ors, and some suitable person or persons
10 represent the interest of such as are i'll
sane or otherwise incapable of managing
their own affairs, and of such as are un-
known or absent from the State.
SEC. T. That upon the hearing the court
shall appoint five disinterested freeholders
residing in said district as commissioners
Of appraisal, whose duty it shall be to meet
at u time and place assigned by them for
that purpose, after giving notice to all the
parties in interest. and to proceed and hear
the proofs and allegations of the parties.
and shall view the said lands 50 proposed
to be taken and appropriated, and thus to
ascertain and fix the compensation which
the United States shall pay therefor, and
report their dOings to the said court 1t
shall be the duty of said appraisers, in es-
tlmatlng such damages to land also to es-
innate the benefits resulting to such prem
ises, from the construction Of said work.
and to offset such benefits against the dam
ages estimated by them, so far ms shall be
Just.
SEC. 5. That the said commissioners
shall have power to administer oaths
to witnesses, and to adjourn such hearing
from time to time, as convenience may re.
quire, by proclamation, without notice :
and they shall make a report OF their pro-
cCedings TO the court named in section
three of this act, with the minutes of the
testimony taken by them,if any On such
report being made by such commissioners,
the United States shall give notice to the
parties to be affected by the proceedings,
or their attorneys, according to the rules
ana practice OF such court, at any general
or special term thereof, for the confrma-
ton OF such report and il no appeal be
taken theretrom, the court shall thereupOn
confirm such report, and shall make an or
der containing recital of the substance
OF the proceedings in the matter of the
appraisal, and description of the real es.
tate appraised for which compensation Is
made, and shall also direct to whom the
money shall be paid But either party
feeling aggrieved at said apprasement.
may, within thirty days after the same has
been returned into court, file an appeal
thererom and demand a jury of twelve
men, to estimate the damages sustained
but such appeal shall not Interfere with
the rights of said United States to en-.
Ger upon the premises taken or TO dc
any act necessary and proper in the
construction Of said work Tn case
the owner OF the land takes an appeal
he shall give bonds with sufficient sure.
y OF suretles,tor the payment of any costs
that may arise upon such appeal and in
case the party appealing does not obtain .
verdict increasing or diminishing, as the
case may be. the award of the commiss;on