Notice of assessment.

Jury of in

qu

mage 8.

preme court, for an assessment and inquisition as hereinafter provi

ded.

Sec. 13. 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 be none so printed in the same county, then such notice to be published in a newspaper printed in an adjoining county, and 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 and 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. 14. The commissioner or judge to whom such application shall of ua 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, or 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 are 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 said 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 writing, 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 a 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 such court, at the expense of said company, but if not confirmed, another inquisition may be taken in the manner above specified.

Inquisition.

m nt or t⋅n

ges.

Sec. 15. And the money assessed as the valuation in any such in- Effect of payquisition, which shall have been confirmed, being paid or legally ten- der of damatered 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 re

Regulation, when co

ceive such money shall not appear before the jury which makes the inquisition, and make claim to such land, 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 inquisition, together with a certified copy of the inquisition, shall be considered equivalent to payment or a tender thereof to the person entitled to the same; and the State Treasurer shall receive and keep account of all moneys so received into the 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 pri or 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 the sheriff, coroner or 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 costs shall be paid by said company.

Sec. 16. Whenever in the construction of said rail road it shall be necessary to cross or intersect any established road, it shall be the dusect roads. ty of said company so to construct said rail road across such establish

may inter

ed road, as not unnecessarily to impede the passage of persons or property along the same; and when it shall be necessary to construct it through the lands of any individual, it shall be their duty to provide

for such individual proper wagon ways, and keep the same in repair across said rail road, from one part of his land to another.

Sec. 17. If said company shall neglect to provide proper wagon ways across said rail road, and keep the same in repair as required by the preceding section of this act, it shall be lawful for any individual to sue said company, and to recover such damages as a court or jury may think him, her or them entitled to for such neglect or refusal on the part of said company. When it shall be necessary for the convenience of the public or persons receiving or sending property by said rail road, the said company shall permit side tracks to intersect their main road at any depot on or along the line of said road; and that such persons shall be entitled to have any property taken from such side tracks, under the direction and regulations of said company without unreasonable delay.

Penalties.

Side tracks.

with cro-8

canal, &c.

Sec. 18. If it shall be necessary for the said rail road company, in the selection of the route or the construction of said rail road, to be Connection by them laid out and constructed, or any part of it, to connect the ing rail road, same with or to cross any rail road, canal, dam or bridge made or erected by any incorporated company, or authorized by any law of this state, it shall be lawful for the said company to contract with such other corporation for the right to cross or use such road, canal, dam or bridge, or for the transfer of such of the corporate or other rights and privileges of such corporotion to the said company hereby incorporated, as may be necessary in that respect; and every such other corporation acting under the laws of this state, is hereby authorized to make such contract or transfer by and through the agency of the persons authorized by the respective acts of incorporation, to exercise their corporate power, or any of the rights or privileges aferesaid; and every contract or transfer made in pursuance of the power and authority hereby granted, when executed by the several parties under their respective corporate seals, shall vest in the company hereby incorporated, all such rights and privileges, and the rights to use and enjoy the same as fully as they are used and enjoyed by the said corporation in whom they are now vested.

company.

Sec. 19. The said company shall have power to purchase with the Powers of funds of the company, or contract for and place on any rail road constructed by them under this act, all machines, wagons, carriages or

Tolls and dues for

vehicles of any description which they may deem necessary and proper for the purposes of transportation on said rail road, and they shall have power to charge for tolls and transportation, such sums as shall be lawfully established by the by-laws of said company; and it shall not be lawful for any other company or any other person or persons to transmit any passenger or merchandize or property whatever upon said rail road or any part of it, without the license or permission of said company; and the said rail road, with all its improvements, works and profits, and all machinery used on said rail road for transportation, and all the machine' shops, depots, buildings and edifices connected with said rail road, shall be vested in the said company forever; and the shares of the capital stock of said company shall be considered personal property, and shall be transferable on the books of said company, agreeably to the by-laws of said company, and subject to be taken in execution, agreeably to such laws as are or may be hereafter in force.

Sec. 20. The said company shall have full power and authority to ask for, demand, recover and take the tolls or dues to and for their transportat'n own proper use and benefit, on all goods, merchandize and passengers using or occupying the said rail road, or any other convenience, erection or improvement built, occupied or owned by the said company, to be used therewith. But such tolls or dues shall not exceed the maximum to be charged by the Michigan central rail road company for corresponding distances; 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 after notice by mail sent to owner, if consignee not known; and said company shall transport merchandize and property and passengers upon said road, without partiality or favor, and with

For storage.