Page:United States Statutes at Large Volume 29.djvu/44

14 FIFTY-FOURTH CONGRESS. Sess. I. Ch. 30. 1896. taken or damage done by reason of the construction of such railway and telegraph and telephone line. In case of failure to make amicable settlement with any occupant, such compensation shall be determined Aptpruinal. by the appraisement of disinterested referees, to be appomted, one_(who 1* °'°°" shall act as chairman) by the President, one by the principal chief of the Choctaw Nation, and one by said railway company, who, before entering upon the duties of their appointment, shall take and subscribe, before a judge or clerk of a United States court, or United States comomr. missioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certiiied, shall be returned with their award to and filed with, the Secretary of the Interior within sixty days from the completion thereof; and upon the failure of either . party to make such appointment within thirty days after the appoint- V*°°¤°*°•· °"°· ment made by the President, the vacancy shall be filled by the judge of the United States court for the central district of the Indian Territory upon the application of the other party. A majority of said referees shall be competent to act in case of the absence of a member, after due _ notice. The chairman of such board shall appoint the time and place gm for all hearings: Provided, Th at the hearings shall be within the county where the property is situated for which compensation is being assessed for the taking thereof or damage thereto, and at a place as convenient as may be for said occupant, unless the said occupant and said railway company agree to have the hearing at another place. Each of said ¤¤¤¤1»¤¤¤¤¤¤. we referees shall receive for his services the sum of four dollars per day for each day he is engaged in assessing compensation, with mileage of nve cents per mile for each mile necessarily traveled in the discharge of his duties. Said board of referees shall have power to call for and examine witnesses under oath, and said witnesses shall receive the usual fees ¤¤¤t•.•t»¤- allowed witnesses by the laws of the Choctaw Nation. Costs, including compensation of the referees, shall be made a part of the award and be paid by the said railway company. In case the referees can not · agree, then any two of them are authorized to make the award. Appear m anmtc Sec. 4. That either party being dissatisned with the iindings and °°“'*· award of the referees shall have the right, within sixty days after the nling of the award, as hereinbefore provided, and notice of the same, to appeal by original petition to the United States district court for the central district of the Indian Territory sitting at the place neare t and most convenient to the land and property which is sought to be condemned; aud said suit shall then proceed for determining the damage done to the property in the same and like manner as other civil acnmmmmon. tions in the said court. The said court shall have jurisdiction to hear and determine the snhiect-matter of said petition, and the same shall be heard and determined by said court in accordance with the laws now in force or hereafter enacted for the government of said court; and the measure of damages in condemning property authorized by this Act shall be that prescribed by the laws of the State of Arkansas, in so far as the same are not inconsistent with the laws now in force or hereafter enacted for the government of the United States courts in said Choctaw Nation in such cases. If the judgment of the court shall be for a larger c¤•mm•pp·•1. sum than the award of the referees, the costs of the litigation shall be adjudged against the railway company, and if the judgment of the court shall be for the same as the award of the referees, then the costs shall be adjudged against the appellant. If the j udgment of the court shall be for a smaller sum than the award of the referees, then the costs shall be wm; to mgm on adjudged against the party claiming damages. When proceedings shall P“Y'”¤‘*"“"*°“"“"*· have been commenced in court the railway company shall pay double the amount of the award into court to abide the judgment thereof, and then shall have the right to enter upon the property sought to be condemned and proceed with the construction of the railroad and telegraph and telephone line. If such appeal is not taken as hereinbefore set forth, the award shall be conclusive and tina], and shall have the same _ force and effect as a judgment of a court of competent jurisdiction. C*°°¤*¤8¤·°*°· Sec. 5. That said railway company is authorized and hereby given