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faction in manner hereinafter mentioned, for all damages to be sustained by the owners or occupiers of said lands, tenements and hereditaments, before appropriating the same to the construction of said road."

Sec. 6. And that said act be further amended by adding after said section 12, the provisions contained in the four following sections, Nos. 7, 8, 9 and 10.

Sec. 7. The said company shall have power and authority to receive, take and hold all such voluntary grants and donations of land and real estate for the purposes of said rail road, as may or shall be made to said company, to aid in the construction, maintenance and accommodation of said rail road, and said company may contract and agree with the owners or occupiers of any lands upon which the said company may wish to construct the said rail road or way, or which said company may wish to use or occnpy for the purpose of excavation, or of procuring stone, sand, gravel, earth or other materials, to be used in embankments or otherwise, in or about the construction, repair or enjoyment of said rail road, which the company may wish to use or occupy in any manner, or for any purpose or purposes connected with said rail road, for which the said company is authorized or empowered by this act to take, have or appropriate any lands, and to receive and take grants and conveyances of all or any such lands, and of any or all interests or estates therein, to them and their assigns, in fee or otherwise, and in case said company cannot agree with the owners or occupiers of such lands as aforesaid, so as to procure the same by voluntadeed or act of such owner or occupier thereof; or if the owners or occupiers or either or any of them, be a feme covert, under age, non compos mentis, unknown or out of the county in which the land or property wanted may lie or be situate, application may be made to the circuit court commissioner, county judge or judge of probate of such county in which the lands are situate, or a judge of the supreme court, for an assessment and inquisition as hereinafter provided.

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Sec. 8. Previous notice of such application shall be given to the owner or occupier of the land to be taken, either by personal service of such notice three days before making such application, or by public advertisement for three weeks previous to such application, in some newspaper published in the same county, if there be one, and if there

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Ibid.

New section.

be none so printed in the same county, then such notice to be published in a newspaper printed in an adjoining county, if there be any newspaper printed in an adjoining county, or if there be no paper so printed in an adjoining county, such notice to be published in the state paper, if there be one, and if there be none, then in some newspaper printed in the city of Detroit; such notice shall describe the land proposed to be taken by the company or touching which damages are to be assessed, by the section or quarter section, or if in a city or village, by the section, block and number of lot, or by some other suitable and proper description; and any irregularity or defect touching such notice, shall be taken advantage of in showing cause against the confirmation of the assessment or inquisition of damages had or found, and not otherwise: evidence of the publication of such notice may be perpetuated by an affidavit duly made by the printer or publisher of the newspaper in which such notice was published, or some disinterested person knowing the fact; such affidavit when made within three months after the last publication of such notice, shall be prima facia evidence of the facts therein set forth.

Sec. 9. The commissioner or judge to whom such application shall be made, shall thereupon proceed to the office of the clerk of said county, and direct him to draw twelve names from the petit jury box of the county, and the clerk shall thereupon draw twelve names from such box accordingly, and the said judge or circuit court commissioner, to whom such application was made, shall thereupon issue his warrant, under his hand and seal, inserting therein the twelve names so drawn by the clerk; and the twelve names so drawn from the petit jury box, shall be thereupon deposited again by the clerk in said box, and the warrant so issued as aforesaid shall be directed to the sheriff of said county, or if the sheriff be interested, then to one of the coroners of said county, and in case the sheriff or coroners be jointly or severally interested, to some constable of said county, requiring him to summon the twelve persons whose names arc inserted in such warrant as jurors, to meet on or near the land or property, or materials to be valued, or touching which damages are to be assessed, on a day named in said warrant, not less than five nor more than ten days after the issuing of the same, and if at the same time and place, any of the persons summoned-do not attend, the said sheriff or coroner shall immediately

summon as many as may be necessary, with the persons in attendance as jurors, to furnish a panel of twelve jurors, and from whom each party, or his, her or their agent or attorney, or if either be not present in person or by agent, the sheriff or coroner for him, her or them, may strike off three jurors, and the remaining six shall sit as a jury of inquest of damages, and before they act as such, the sheriff or coroner shall administer to each of them an oath or affirmation that they will justly and impartially value the damages which the owners or occupiers have sustained or will sustain, by the use or occupation of the land, or the taking of the materials or other property required by the said company, and the said jury shall reduce their inquisition to wri ting, and shall sign and seal the same, and two originals of such inquisition shall be made and executed on the same day, one of which shall be delivered to the said company and the other to the party claiming compensation; and the property taken and the boundaries of the land to be taken or occupied by the said company, touching which the inquisition is made, and the map thereof shall be set forth in such inquisition, and such inquisition shall be filed in and shall also be confirmed by the circuit court of said county, at its next session, upon motion for that purpose made, if no sufficient cause to the contrary be shown, and when confirmed the same shall be recorded by the clerk of said court at the expense of said company, but if not confirmed, another inquisition may be taken in a manner above specified.

Sec. 10. And the money assessed as the valuation in any such inquisition which shall have been confirmed, being paid or legally tendered to the party entitled to the same, the property so taken and valued shall immediately thereupon vest in such company as fully as if the same had been transferred by lawful deed by the owner or occupier thereof, for such term of time as the same may be required for the purposes authorized by this act; and in case the party entitled to receive such money shall not appear before the jury which makes the inquisition, and make claim to such lands, or shall not appear to demand or accept the money assessed as the valuation in any such inquisition, then a deposite with the treasurer of this state of the amount of money assessed as the valuation or damages by any such inqusition, together with a certified copy of the inquisition, shall be considered equivalent to payment or a tender thereof to the person entitled to the

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same, and the state treasurer shall receive and keep account of all moneys so received into the state treasury, and shall pay them to the parties entitled thereto, on the order of the chancellor or of a justice of the supreme court; and such inquisition, when confirmed, shall have the effect of a judgment, and execution may be ordered to issue thereon against said company in favor of the person to whom damages were awarded by such inquisition and confirmation thereof at the expiration of sixty days from the time of such confirmation, unless prior thereto said company shall have satisfied the damages found or assessed by such inquisition in manner aforesaid; and if at any time it shall by any means happen that said company shall be in possession or occupancy of any land, the title to which or the full right of use and occupancy whereof for the purposes of said company in manner aforesaid shall not have been duly relinquished to or vested in said company, then in any and all such cases said company may acquire such title or rights of use and occupation by voluntary grant thereof, or by inquisition thereupon and therefor, to be made and found, and the payment of the value or damages found or assessed in manner and form above prescribed, and the commissioner or judge issuing the warrant, and sheriff, coroner, constable, and jurors to be summoned under this act, shall be entitled for the services rendered by them, to such compensation as may be fixed therefor by the chancellor or a justice of the supreme court, by an order for that purpose to be made by him, and which cost shall be paid by said company.

Sec. 11. That section thirteenth of said act be stricken out, and the following provision be inserted in lieu thereof: "Whenever it shall be necessary for the construction of their rail road to intersect or cross any stream of water or water course, or road or highway, lying on the route of the said rail road, it shall and may be lawful for the company to construct their rail road across or upon the same: Provided, That the said company shall restore the stream or water course, road or highway thus intersected or crossed, to its former state, or in a sufficient manner not unnecessarily to impair its usefulness."

Sec. 12. That section sixteenth in said act be amended by striking out in the sixth line of said section, the words "power to charge," and insert in lieu thereof, "full power and authority to demand, recover and take the dues ;" and after the word "incorporated," in the sev

enth and eighth lines of said section, insert the words "for their own proper use and benefit, on all goods, merchandise and passengers using or occupying said rail road or any other convenience, erection or improvement, built, occupied or owned by said company, to be used therewith, and they shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same, as well as the manner of collecting all tolls and dues on account of transportation and carriage, and storage, and shall have full power to erect and maintain such toll houses and other buildings, for the accommodation and proper transaction of their business, as to them may seem necessary. Said company may charge and collect a reasonable sum for storage on property transported by them on said road, on delivery thereof at any of their depots, which property shall have remained so stored more than five days after notice to owner or consignee, if known, at his usual place of business or residence, or af ter notice by mail sent to owner, if consignee not known."

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Sec. 13. And that said act be further amended as follows: shall be lawful for the directors to require payment of the sums subscribed to the capital stock of said company, at such times and in such stock. proportions and on such conditions as they shall deem proper and necessary, in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation; and the treasurer shall give notice of all such assessments in the same manner as is provided in section eight of this act for the assessment of damages, and in case any subscriber or stockholder shall neglect to pay any assessment on his share or shares for the space of thirty days after the time specified in such notice for the payment thereof, the president and directors of said company or a majority of them, shall have power to provide by by-laws of said corporation for the forfeiture to the company, and for their benefit and use, of all such share or shares of stock upon which such assessment shall not have been paid as above provided, together with all previous payments which may have been made

thereon.

Sec. 14. That section twenty-third be amended by striking out all of said section after the word "company," in the seventh line, and insert in lieu thereof the following: "And any inhabitant of this state shall have a lien upon all the personal property of said company for all

Act amend'd

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