Page:United States Statutes at Large Volume 13.djvu/79

THIRTY-EIGHTH CONGRESS. Stsss. I. Ch. 60. 1864. 51 there shall forthwith be selected three competent persons, who shall C<>mml$§l°¤§'S be named and appointed by the President, and shall by him be con- gse afp0mm ’ stituted a 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 compensation for the taking of their lands is due to each claimant; and the said board of commissioners shall report the same ·Report to the as early as practicable after their appointment to the circuit court of the °“‘°“i* °°*“`*· United States within and for the district in which such lands are situated; and in case of a difference of opinion in the said board as to the matters referred to them, the report of a 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 _Pay ofcommisof War, and paid by the Secretary of the Treasury upon his requisition. S‘°“‘*“‘ Sec. 4. And be it further enacted, That the said circuit court, upon the Court to order return and examination of the report of the said commissioners, shall, for PaY‘““‘“‘ 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 said report, to be paid to the person or persons who shall, according to said report, be entitled thereto, and who shall apply therefor, and who shall, by writing tiled in the said court, waive his or their right to an appeal from the determination of the said board of commissioners, and agree to accept the said sum, in full satisfaction of his or their claims for such lands, taken by the United States : Provided, That if the party entitled Pi-oviso, and applying as aforesaid, or tiling a complaint as hereinafter provided, shall have an estate for life only in said land, or any estate less than a fee simplc, or shall be a married woman, or a minor, or non compos mentis, the court aforesaid shall, in its tinal judgment or decree, make such order for the payment of the said compensation to the party or for its payment into court; and as to the investment of the principal and disposal of the income, or interest thereof, as shall be just and equitable, and for the protection of the rights of those interested, in accordance with the rules and practice of courts of equity, in cases where a fund in court is to be divided and administered. Sec. 5. And be it further enacted, That any person or persons ag- Appeal from grieved by the doings of the aforesaid board of commissioners, in the g;*.°l$l°"°f °°m‘ estimation of his or their damages, or in the refusal or omission thereof, lss1mm` may at any time within twelve months from and after the return of said Tinie or proreport to the said circuit court, or within three years after the land °‘*‘*d'“€S· claimed shall have been taken, make application by complaint in writing to the said court sitting as a court of equity, setting forth the title which he or they may have or claim in said lands taken, or in parcels thereof, and the grievance complained of; and the said court, after reasonable notice to the district attorney of the United States for that district, who shall appear and act for and in behalf of the United States, shall proceed and hear the parties, and their evidence according to the course of proceedings in equity, and shall determine what right or title, if any, the complainant or complainants had in and to the parcels of land taken, claimed by him or them, and shall ascertain, and by decree tix the sum or sums of money to which as damages or just compensation for such taking the complainants, severally or jointly, if they apply jointly, are entitled: Provided, That if a complainant in any case shall, in writing Provigo, or by motion, so request, the value of the land taken or his interest therein shall be assessed or determined by a jury upon the law side of the Tr3aibvjm·y_ court, upon issues properly framed, under the direction or allowance of N the court sitting in equity.