Year: 1864

VHT" emo IL IL HeCeeSdIy that the uOVefn


ment of the United States should at ar


early day, for the purpose Of the arsenal a,


Rock Island, in the State of Illinois, pro-


vided 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 a part of the same: Now, therefore,


Be it enacted by tie Senate and House
Of Representatives, Of tile United States
the Secretary of War be, and he is hereby,
authorized and empowered to take and hold
full complete, and permanent possession in be-
half of the United States, Of all the lands
and shores of the island of Rock Island, in
the State of Illinois, the same, when SO pos
sessed, to be held and kept as a military re-
servation 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 militia.
ry establishments as have been or may be
authorized by law to be placed thereon in
connection with such arsenal


Sec. 2. And be 1t .tarther 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 ar.
senal and other military purposes, as pro-
vided in the foregoing section. that any part
or parcels thereofare now the property OF, and
are rightfully possessed by any individual or
corporation as his or their own privats prop
erty, the value of such private property so
taken, and Il just compensation for any dam
ages caused by such taking, SHALL if mutually
agreed on by tho Secretary of War and the
righttul owner or owners thereof, and ap-
proved by the president, bo paid by the
Secretary of the Treasury TO the said right
ful owner or owncis SO agreeing, out Of the
appropriations made or to be made for the
construction of said arsenal: Prorided, 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 deeds. in due
form of law, and approved by the Attorney
General of the Uuited States, fully release
and convey to the United States all their re-
spcctvc rights in and titles to such lands so
taken.


Sec. 3. Ind be II fIrthcr enacted, That
if the Secretary of War shall not agree with
any private owner or owners of land so taken
for the use of the United States for military
purposes, or if any such owners shall refuse
to accept the sum to be paid to him or them
bv the Secretary Of the Treasury as and for
the true value thereof, or shall from any other
cause neglect or fail for the space Of twelve
months after such taking to execute and de-
liy,rtl,e deeds thereof necdful, in the opin-
ion of the Attorney General Of the United
States to convey to the United States tho
title of said lands taken, there shall forthwith
be selected three competent persons, who
shall be named and appointed by the Presi-
dent, and shall by him BE- constituted 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 hereinbefore
provided, and the names and titles Of the
claimants thereof, if more than one, and their
respective interests therein; and what COM
pensation for the taking of their lands is due
to each claimant; and the said board Of COM
missioncrs shall report the same as early as
practicable after their appointment to the
circuit court of the United States within and
for the district in which such lands are situa-
ted; and in case of difference of opinion in
said board as to the matters referred to them,
the report of majority of the commissioners
shall b. held to be the report Of the board.
And the compensation and expenses OF the
said boad rshall be fixed and approved by the
Secretary Of the Treasury upon his requisi-
ton.


Sec. 1. And be IL .fxrthcr enacted, That
tho said circuit court. upon the return and
examination of the report of the said CON-
missioners, shall. for the parcels of land taken
as to which there appear to be no conflicting
claims for compensation, by decree, order the
sums awarded BY the commissioners in srid
report to be paid to tho person orpersons who
shall, according to said report, be entitled
thereto, and who shall apply therefor. and
who shall, by writing filed in the laid court
waive his or their right to an appeal from
the determination of the said board Of com.
mssioners. and agree to accept the said sum
in full satisfaction OF his or their claims fol
such lands, taken by the United States
Prorided. That If the party entitled and ap
plying rs aforesaid. on filing complaint al
hereinafter provided. shall have an estate fol
life only in said land, or any estate less than
a fee simple. or shall be married woman. OF
& minor. or non compos mentis. the court
aforesaid shall, in its final judgment or de.
or. G. make such order for the payment Of the
said compensation to the party for it's pay
ment into court; and as to the investment o
the principal and disposal Of the income. OF
interest thereof. as shall be just and equitable
aud for the protection Of the rights Of those
interested. in accordance with the rules and
practice Of courts Of equity, in cases where