Page:United States Statutes at Large Volume 27.djvu/111

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84 FIFTY-SECOND CONGRESS. Sess. I. Ch. 150. 1892. general council to which said occupant belongs, and one by the railroad company, who, before entering upon the duties of their appraisement, cmp shall take and subscribe an oath that they will faithfully and impartially discharge the duties of appraisement, which oath, duly certiiied, shall be returned with their award to and filed with the Secretary of the Interior within twenty days from the completion thereof, and a majority of said referees shall be competent to act in case of the absence Substitution ¤¤f¤i1- of a member, after due notice; and upon the failure of either party to '“’ *° “”°"‘°‘ make such appointment within thirty days after the appointment made by the President, the vacancy shall be filled by the judge of the district court for the eastern district of Wisconsin upon application of either H°aring_ party. The person appointed by the President shall be chairman of said board, and shall appoint the time and place of all hearings within the nation to which said occupant belongs. Each of said referees shall Compensation. receive for his services the sum of four dollars per day for each day they are engaged in the trial of the cause submitted to them under this mma. act, with mileage at 5 cents per mile. A majority of the board, where Appeal to amuse; all can not agree, may make the award. Either party being dissatisfied °°“'*· with the finding of the referees shall have the iight, within ninety days after the making of the award and notice of the same, to appeal by original petition to the district court for the eastern district of Wisconsin, having jurisdiction over the place where the land lies, which court shall have jurisdiction to hear and determine the subject matter of the petition according to the laws of the State of Wisconsin for deems on nppnni. termining damages when property is taken for railroad purposes. lt, upon the hearing of said appeal, the judgment of the court shall b< for a larger sum than the award of the referees or a sum equal to said award the costs of said appeal shall be adjudged against the railroad company. If the judgment of the court shall be for a less sum than the award made by the referees, then the costs shall be adjudged against y,,,.,,.,,u,.g,_ the party claiming damages. All proceedings of said district court upon appeal from the award of the referees shall be conducted in the same manner as an original action brought therein, except that the mma. court may direct formal pleadings to be made and served: Provided, Paymentby milwny That all costs of appraisements by referees shall be paid by the rail- °°mp°"" road company. naamnnni cmnpcn- Sec. 4. That said railroad company shall pay to the Secretary of the “““°“ ‘° ""“’°“· Interior, for the benefit of the particular nation or tribes through whose lands said line may be located, the sum of fifty dollars per mile for each mile of road constructed and maintained in said Indian reservation, in addition to the compensation provided for in this act for property taken or damages done individual occupants by the construction of said road. Annnn i-ami. to be paid as each five miles of the railroad is graded, and also fifteen dollars per mile per annum, so long as such reservation shall be used Appear ascnmny and occupied as a reservation by said tribes. If, however, the general Q§j,“§°{,‘jf_g§f°’ "”°"‘ council of the Menominee tribe of Indians through whose lands said raih·oad may be located shall, within four months after the filing of maps of deunite location as set forth in section ive of this act, dissent from the allowance hereinbefore provided for, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this act shall be determined as provided in section three for the determination of the compensation to be paid to the individual occupants of lands, with the right of appeal to the court upon the same terms, conditions, and remm;. quirements as therein provided: Provided, That the amount awarded nwnniwu in inn or adjudged to be paid by said railroad company for such dissenting °'°°¤P¤¤¤***°¤· nation or tribe shall be in lieu of the compensation the said nation or tribe would be entitled to receive under the foregoing provision: Prorsucmznnbn. vided, That the title to all timber on the right of way herein granted shall remain in the Menominee tribe of Indians, and shall be sold and » disposed of for the benefit of said Indians, under the direction of the