Page:United States Statutes at Large Volume 34 Part 1.djvu/1129

FIFTY-NINTH CONGRESS. Sess. II. Ch. 2509. 1907. 1099 herein provided for and the international boundary line shall be hereafter required for purposes of navigation. If such lands and waters can not be obtained in the manner and under the conditions above set forth the same shall be acquired as follows: . The Secretaiéy of War may cause proceedings in condemnation to be c€§g',§;s¤¤*“°“ P'°· prosecuted un er existing aw, or a co y of the said plan numbered ' three, on a large scale, shall be preparecibncbpxhibited in the office of the United States engineer at Sault Sainte arie, and the Attorney- General shall procee to ascertain the owners or claimants of the premises embraced therein, and shall cause to be published for the space of M*¤=‘¤¤¤¤¤¤*- thirty days, in one or more daily newspapers in the city of Sault Sainte Marne, that the same has been taken for the uses mentioned in this Act, and notifying all claimants to any portion of said premises to file, within its period of publication, in the Department of Justice, a description of the tract or parcel claimed and a statement of its value as estimated by the claimant. On application of the Attorney—General, ,,,‘:K§§’£‘""°‘"°‘ "" the presiding judge of the circuit court of appeals of the United States for the sixth circuit shall appoint three persons, not in the employ of the Government or relate to or in any manner connected with the claimants to act as appraisers, whose duty it shall be, upon receiving from the Attorney-(reneral a description of any tract or parcel, the _ ownership of which is claimed separately, to fairly and justly value the same, and report such valuation to the Attorney-General, who R°p°?'*· thereupon shall, upon being satisfied as to the title of the same, cause to be offered to the owner or owners the amount fixed by the appraisers as the value thereof; and if the oiier be acce ted, then., upon the exe- P""‘°”' ‘° °‘"‘°‘· cution of a deed to the United States in form satisfactory to the Attorney—General, the Secretary of War shall pay the amount to such owner or owners from the appropriation made therefor in this Act. hmm mm Om In making the valuation the appraisers shall only consider the wmwnauem. Y present value of the land or property acquired without reference to its value for the uses for which it is taken under the provisions of this Act. ' The appraisers shall each receive for their services five dollars for "Y °' "*"““‘°“· each day’s actual service in making the said appraisements. . ‘ Any person or corporation having any estate or interest in the ,,§§§§§,,§f ‘R§],§‘},j,Q,§f premises, who shall for any reason not have been tendered payment ¢*¢· therefor as above provided, or who shall decline to accept the amount tendered therefor, may, at any time within one year from the publication of notice by the Attorney-General as above provided, iile a petition in the Court of Claims of the United States setting forth his right or title and the amount claimed by him as damages for the pro rty taken; and the court shall hear and adjudu-ate such claims in th; same manner as other claims against the United States are now _ by law directed to be heard and adjudicated therein: Provided, That §f$§',;’;,, ,,,,,,,c,_ the court shall make such special rules in respect to such cases as shall secure their hearing and adjudication with the least possible dela . Jiifdginents in favor of such claimants shall be paid as other jndg- ’““"‘“°"“· ments of said court are now directed to be paid; and any claimant to °°““· whom a tender shall have been made, as hereinbefore authorized, and who shall decline to accept the same, shall, unless he recover an amount greater than so tendered, be taxed with the entire cost of the Limit { mms proceeding. All claims on account of ownership of any interest in ° ' said premises shall, unless petition for the recovery thereof be tiled within one year from the date of the first publication of notice by the _ Attorney-General as above directed, be forever barred: Pnmzded, Qgjgumes 0, That owners or claimants laboring under any of the disabilities defined owners. in the statute of limitations of the State of Michigan may file a