Page:United States Statutes at Large Volume 32 Part 1.djvu/114

 48 FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 134. 1902. said right of way, lands, or rmprovements shall be determined by the ap raisement of three disinterested referees, to be appointed by the judlge of the United States court, or other court of jurisdiction in the district where such lands are situated, on application of the corporation 0¤¤¤- or other person or party in interest. Such referees, before entering upon the duties of their appointment, shall each take and subscribe, before competent authority, an oath that he will faithfully and impartially discharge the duties of his appointment, which oaths, duly certified, shall be returned with the award of the referees to the clerk of the M‘•¤*- court by which they were a pointed. The referees shall also find in their re rt the names of the person and persons, tribe, or nation to whom th; damages are payable and the interest of each person, tribe, ` P¤*>**¤•¤<>¤- or nation in the award of damages. Before such referees shall proceed with the assessment of damages for any right of way or other lands condemned under this Act, twenty days’ notice of the time when ‘ the same shall be condemned shall be given to all persons interested by publication in some newspaper in gleneral circulation nearest said property in the district where said rig t of way or said lands are situated, or by ten da s’ personal notice to each person owning or having P¤>vi·¤¤·, any interest in saidy lands or right of way: Provided, That such notice N°°m°°°°°` to any tribe or nation ma be served on the principal chief or governor of the tribe. If the referees can not agree, then any two of Apvwh them are authorized to and shall make the award. Any party to the roceedings who is dissatisied with the award of the referees shall have the right, within ten days after the making of the award, to a pea]., by originlalkpetition, to the United States court, or other court of competent juiction, sitting at the place nearest and most convenient to the property sought to be taken, where the question of the damages 00C3S10D6d by the taking of the lands in controversy shall be tried de novo, and the judgment rendered by the court shall be final and conclusive, subject, however, to atppeal as in other cases. dxfof.;? °'* When the award of damages is iile with the clerk of the court b · ` the referees, the railway company shall deposit the amount of such award with the clerk of the court, to abide the judgment thereof, and shall then have the right to enter upon and take possession of the flfggénmem 0, property sought to be condemned: Prombled, That when the said railngmcrmy. wafy company is_not satisiied with the award, it shall have the right, be ore commencing construction, to abandon any portion of said right of way and adopt a new location, subject, however, as to such new ` receive for his compensation the sum of four dollars per day while actually engaged in the appraisement of the pro rty and the hearin “'"“°" '°°°- of any matter submitted to them under this Kilt. Witnesses shag receive the fees and mileage allowed b law to witness in courts of record within the districts where such, lands are located. Costs, including compensation of the referees, shall be made part of the $*;;:*3;, mm, award or judgment and be paid by the railway company: Pzmvided, ` That if any party or person other than the railway company shall appeal from any award, and the judgment of the court does not award such appealing party or person more than the referees awarded, all costs occasioned by such appeal shall be paid by such appealing party or, rson. . of this Act there shall be paid by the railway company to the Secretarv of the Interior, for the benefit of the particular tribe or nation through whose lands any such railroad may be constructed, an annual charge of fifteen dollars per mile for each mile of road constructed, the same to be paid so longlas said lands shall be owned and occupied by such I t_ _ nation or tribe, w ich payment shall be in addition to the compensation ,,,R§€,“,,§Q‘;'{,Zl§Y,§{gh‘ otherwise provided herein; and the grants herein are made upon the condition t at Congress hereby reserves the right to regulate the charges
 * ’¤>’ °* *°*•=*·¤- location. to all the provisions of this Act. Each of the referees shall
 * 1 ’°**¤*l· Side. 16. That where a railroad is constructed under the provisions