Page:United States Statutes at Large Volume 13.djvu/80

 52 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 60, 61. 1864. Sec. G. And be it further enacted, That, if the attorney of the United Ccmplairmpis States shall so request, the court may, before ordering issues to be framed for ems. applying therefor to undertake and to give security satisfactory to the court therefor, that they will pay the costs of court to be taxed by the court, if tho verdict of such jury shall not be in favor of such complainants, and for a. sum larger than that allowed by the board of commissioners in their report; and the decision of all questions as to tho amount of costs to be paid by or to the complainants shall be within the determination of the court at their discretion, and according to the rules of equity practiced in the courts of the United States. Sec. 7. And be it jitrtber enacted, That either party may appeal to <“;¥;l:’;lc;‘;::‘° the supreme court of the United States from any final Judgment or de. Q,;-,;,,, United cree which may be rendered by said circuit court in any case arising Siam- under the provisions of this statute, where the amount in controversy ex. _ ceeds three thousand dollars: Provided, That such appeal shall be taken P"°‘"s°‘ within ninety days after the rendition of such judgment or decree. Sec. 8. And be it further enacted, That in all cases of nnal judgments Final judg- or decrees by said circuit court, or on appeal by the said supreme court, me to bg paid_ thereby shall be paid either to the claimant or into the circuit court aforesaid, as said judgment or decree may determine, by the United States. out of the money appropriated for the construction and maintenance of said arsenal, on presentation to the Secretary of the Treasury of a copy of said judgment or decree signed by the presiding judge, and certified by the clerk of the said circuit court. And such payment shall be a full pagpiiftif *“°b discharge to the United States for the compensation and damages due for the taking of the lands, in respect of which the said judgment or decree was rendered or made, and shall forever bar any further claim or demand against the United States arising out of the taking of such land. And such payment, or the lawful tender thereof, shall operate as, and shall be deemed and held to be, a full and complete conveyance of the parcel or parcels of land for which it was made to the United States. Cy,,;,,,,, {-0, Sec. 9. And be it further enacted, That every claim against the damages to be United States for the taking of land for public use as herein authorized, f‘£{£*f‘:,;£‘;‘¤ shall be forever barred unless within three years from the time of such years. taking, the claim for compensation therefor shall be adjusted by agreement with the Secretary of War, or be settled by an award of the board 0f commissioners, or presented by complaint or petition to the circuit court of the United States in the district in which the land is situated: gavgngin m0,- Provided, however, That the claims of persons, who at the time of the of minors, mar- taking shall be under the age of twenty-one years, married women, idiots, md “'°m°"·&°‘ lunatics, or insane, or beyond seas, shall not be barred if their petition or complaint be filed in said court as aforesaid, within three years after the disability has ceased, but no disability other than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulative1y. Approved, April 19, 1864. April. 19, 1864. CHAP- LXI. ~An Act fixing the Date of the Loss of the U. S Brig "Bainbridqe," and ‘_‘;”*‘ for the Relief of the Ojioers, Seamen, and Marines of the same, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United UD§f¢;¥'h<g¤a;:s States of America in Congress assembled, That for the purpose of fixing mage sxé,] be the time at wluch shall commence the pensions, under the existing laws, geemedto have of the widows and orphan children of the officers, seamen, marines, and °°¤ lm- others IH service who were lost in the United States brig “Bainbridge," as well as the time to which the pay of said officers, seamen, marines, and others in the service shall be allowed, the twenty-first day of August, in
 * ’g“é;’;’ for et jury, as provided in the foregoing section, require the complainants
 * °,‘;$OQ"0?°§‘;$_ where the same shall be ailirmed in favor of the claimant, the sum due