Page:United States Statutes at Large Volume 30.djvu/533

 494 FIFTY-FIFTH CONGRESS. Sess. II. CHS. 502, 503. 1898. oven-iowa of adjoining farm lands, anddmal? pdssibletthe continluedfand ' te ted of said ralroad an said rai roa ri ge: ’ ere ore uni; iigisltictedulzyc the Senateland Hou-se of Representatives of time United m BK““,m, States of America, in Congress assembled, That said Missouri, Kansas my restore scum and Texas Railway Company be, and 1t is hereby, authorized, at nts _§“gg',"}§‘gh]Q',§,§,§T,f° i" sole expcnse,to restore the said river to its original channel, under and below said railroad budge, and to that end to straighten and shorten the river above said bridge by excayating and constructing a .1¤¤a•¤. channel for the river, commencing at said bridge and extendrn g thence across sections twenty-eight and twenty-nine of township nine north, , of range fifteen east,  the South Canadian River, at or near the northwest corner of said SBCCIOHIUWBDUY-BIDS, and for that purpose the said railway company is authorized to enter upon lands adjacent to said railroad. BQ;';;}:} *° I’*‘“”‘ Sec. 2. That before said channel shall be excavated and constructed through any lands held by individual occupants according to the laws, customs, and usages of the Creek and Choctaw nations, full compensation shall be made to such occupants for all property to be taken or damaged by reason of the construction of said channel. In case of failure to make amicable_ settlements with any occupant, the railway company may iile IPS petition in the United States court in the_Ind1an Territory for the district in which the lands he, reciting its failure to -—¤1>m>l¤=¤¤ gw 3: make such amixtialile settlgment, and thereupon]: said coirlirt shmllsapploint l,,,,,,- _ acommnssxon o n eres persons aving e quai ca ons of jurors in said court, to view the premises and appraise the damages to be sustained by such occupant, who, before entering upon their _ duties, shall take and subscribe before said courts or the clerk thereof an oath that they will faithfully and impartially discharge the duties imposed by their appointment, which oath, duly certified, shall be ‘“"'"°‘ returned with their award.- The award of a majority of said commis- _ sioners shall be the award of the commission, and such award shall be "°‘°'f'*’°"'*°·°“· illed within ten days aiter the appointment of said commission. Either party being dissatisfied with the award may file exceptions in said court thereto within ten days from the filing of the same, and a trial of the issues raised by such exceptions shall be had-in said court as in other cases. If neither party Hles exception ; the railway company shall pay into court, before entering upon the land condemned, the amount of said award, together with all costs, assessed as in ordinary cases in _€;¤:·¤·;}__i_m",· said court: Provided, That_ said commissioners shall be_allowed_and etmpmaumm. paid four dollars per day, with mileage at five cents per mile. _ lf either quagmut. double the amount of the award to abide the judgment thereof, and may at once proceed with the con truction of said channel. _ umgrxixy “¥3g_h£ Spc. 3. That the boundary line between the Creek and Choctaw t,,, ,,,,,,;,,,,0 m;,,,,, nations shall be and remain unchanged by reason of the work herein- ¤¤;;¤:¤·*· begore authelnzedbtobhe done by said railway company. Md`- right ¤•> mc. 4. at the issouri Kansas and Texas Railway Company by Hm "°""l"“°°‘ such condemnation proceedings and the construction of said channel, and the diversion of the river through same, shall have no other or further rights m and to said river than it now has. Approved, June 27, 1898. —___—-i I J¤in;2'f;1898. _¢HAP. 503.-An Act To amend sections one and two of the Act of March third, "` eighteen hundred and eighty-seven, Twenty-fourth Statutes at Large chapter three hundred and nfty-nine. ’ Be it enactedfry the Senate and House of Representires of the United Court of cngm. States of America no (fougress assembled, That section ouerof the Act of m;;{‘:§Hc;’,§;m‘;g;:v’:; March third, eighteen hundred and eighty-seven, chapter three hun rm mr su-vim. dred and fifty-nine, second session of the Forty-ninth Congress, be
 * _",*{::“*;; gm:;';';: party tiles exceptions, then the railway company shall pay into court