Page:United States Statutes at Large Volume 30.djvu/447

 408 FIFTY-FIFTH CONGRESS. Sess. Il. Ch. 298. 1898. upon the duties of their appraisements, shall take and subscribe before a district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appraisement, which oath, duly certified, sh all be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member after —f¤i1¤r¤ ¢<> “PP°l¤*· 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 nlled by the district judge of the United States court held at Muskogee, Indian Territory, upon the application Hearings. of the other party. The chairman of said board shall appoint the time and place of all hearings within the nation to which such occupant belongs. Each of said referees shall receive for his services the sum of four dollars per day for each day he is engaged in the trial of any cause submitted to him under this Act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the court of said nation. C<>¤t¤· Costs, including compensation of said referees, shall be made a part of the award, and be paid by the said Campbell-Lynch Bridge Company. In case the referees do not agree, then any two of them are authorized APP°°r to make the award. Either party being dissatisfied with the Ending of the referees shall have the right, within ninety days after the making of the award and notice of the same, to appeal by original petition to the district court held at Fort Smith, Arkansas, which court shall have jurisdiction to hear and determine the subject-matter of the petition, according to the laws of the State of Arkansas for determining the damage when property is taken for railroad purposes. If, upon the hearing of said appeal, the judgment of the court shall be for a larger sum than the award of the referees, the costs of said appeal shall be adjudged against the said Campbell-Lynch Bridge Company. If the judgment of the court shall be for the same or a less sum than the award made by the referees, then the costs shall be adjudged against c6Qé’¤fg'“°°i°” *° Pm the party claiming damages. When proceedings have been commenced payment of. . . double me ¤wa¤1,m. in court the said Campbell-Lynch Bridge Company shall pay double the amount of the award into court to abide the judgment thereof, and then . have the right to enter upon the property sought to be condemned and proceed with the construction of said bridge. R¢>s¤i¤¢i¤¤¤ Sec. 5. That the bridge authorized to be constructed under this Act shall be built and located under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall mfy;j;;§;‘**°° °*` °°¤· prescribe. The jurisdiction is hereby vested in the United States court ` at Muskogee or Tahlequah, or in any United States court which may hereafter be established nearer to said bridge, over all controversies between the owners of said bridge, or between the owners and individuals, or between the members of any company which may hereafter be organized to own and operate said bridge, without regard to the race of the parties and the amount in controversy. TNF- Sec. 0. That the said bridge company, its successors or assigns, may charge such reasonable rate of tolls for the transit or passage over the same of wagons and vehicles of every description, for animals and foot passengers as shall be approved by the Secretary of \Var. mQ;;{{‘e';;f,j,;f*m°¤* “¤*‘ Sec. 7. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date of its approval. A’”°“""‘°“*· Sec. 8. That the right of Congress to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 14, 1898.