Page:United States Statutes at Large Volume 30.djvu/387

 348 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 104. 1898. according to tho laws, usages, and customs of any of the Indian tribes or nations through which it may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such railway and telegraph and Reforms. telephone line. In case of ihilnro tc make amicable settlement with any ‘ ·“ occupant, such compensation shall be determined by the appmisement -q»p»mm¤¤:. of disinterested referees, to be appointed, one (who shall act as chairman) by the President, one by the principal chief of the nation to which ..mn.m. said occupant belongs, 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 commissioner, au oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award tc, and tiled with, the Secretary of the Interior within sixty days from the completion thereof; and upon the fail- ‘ me of either party to make such appointment within thirty days after the appointment made by the President, the vacancy shall be iilled by the judge of the United States court for the central district of the Indian Territory upon the application of the other party. A mzgiority of said referees shall be competent to act in case of the absence of a. H¤~ri¤z¤- member alter due notice. The chairman of such board shall appoint Pmm- _ the time and place for all hearings: Provided, That the bearin gs shall ,,f]“°° °f h°'"“““‘ be within the county where the property is situated for which compensation is being assessed for the taking thereof or damages thereto, and at a place as convenient as may be for said occupant, unlossthe said occupant and said railway company agree to have the hearing at C¤¤¤1»¤·¤¤·m- · another place. Each of said 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 tivo cents per mile for each mile neces- W*¤·¤••••— sarily traveled in the discharge of his duties. Said board of referees —f~¤- shall have power to call for and examine witnesses under oath, and said witnesses shall receive the usual fees allowed witnesses by the laws coms of the Territory or nation to which they belong. Costs, includiug 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 nre authorized to-make the award. Appm. Sm:. 4. That either party being dissatisfied with the findings and award of the referees shall have the right, within sixty days after the tiling of the {\W£l»I`d,8S hereinbeiore provided, and notice of the same, to __w _“,,,im,,,,,t_I,,_ appeal by original petition to the United States district court for the dum Territory- central district of the Indian Territory, sitting at the place nearest and most convenient to the land and property which is sought to be condemned, nucl said court slmll then procecd,for determining the damage done to the property, in the same and like manner as other civil actions in the said court. The said court shall have jurisdiction to hear and determine the subject-matter of said petition, and the same shall be heard and determined by said court in accordance with the lows 110win force or hereafter enavted for the govermnent of said court; and the m.·m·¤r»»n1am:.;·.. measure of damages in condemning property authorized by this Act shall be that prescribed by the laws of the State of Arkansas, in so fur 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 Terri- ..¤0sz». tories in such cases. If thejudgment of the court shall be for :1 larger 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 judgment of the court shall be for :1. smaller sum than the award of the reterees, then the worlgmyrmmn uu costs shall be adiudgcd against the party claiming damages. When
 * ,'§f,Yf"'"g °°"m°’ proceedings shall 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 milroud and telegraph and telephone line. if such appeal is not taken as