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above mentioned, as well for the carrying or conveying goods, commodities, timber or other things to and upon said rail road, as for carrying or conveying all manner of materials necessary for making, erecting, furnishing, altering, repairing, amending, widening or enlarging the works of or connected with said rail road, and to contract or agree with the owner or owners thereof, for earth, timber, gravel, stone or other materials, or any articles whatsoever, which may be wanted in the construction or repair of said road or any of its works or appurtenances; and also to make, repair or maintain and alter any fences or passages under or through the said rail road, or which shall communicate therewith, and to construct, ereci and keep in repair any piers, arches or other works in, upon and across any rivers or brooks, for making, using and maintaining the said rail road and side paths, and also to construct. make and do all other matters and things which may be necessary and convenient for making effecting and preserving, improving completing and using the said rail road, in pursuance of and within the true intent and meaning of this act, they, the said company, doing as little damage as possible in the execution of the several powers to them hereby granted, and first making satisfaction 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. 12. The said company shall have power to receive, take May receive and hold all such voluntary grants and donations of land and real lands, &c. 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 wislı to construct the said rail road or way, or which said company may wish to use or occupy 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 rond, or 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 oi empowered by this act to take, have or appropriate any lands, and to receive and take grants and conveyances of any or all such lands, and of any or all
Assessment interests or estates therein, to them and their assigns, in fee or otherof damages.
wise ; and in case said company cannot agree with the owners or occupiers of such lands as aforesaid, so as to procure the same by the voluntary deed or act of such owner or occupier thereof; or if the owners or occupiers, or either or any of them, be a femme 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 nade 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.
Sec. 13. Previous notice of such application shall be given to the Notice of as owner or occupier of the land to be taken, either by personal service
of such notice three days before maki such ngapplication, or by a 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 said 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, 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. Jury of inquest of da
Sec. 14. 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 drawn from the petit jury box shall thereupon be 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 interestea, 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 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 writing, and shall sign and seal the same, and two originals of such inquisition shall be made and executed on the sanie 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 tha inquisition is made, and a map thereof shall be set forth in such inquisition; and such inqui. sition 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
der of damages.
of said company, but if not confirmed, another inquisition may be taken in the manner above specified.
Sec. 15. And the money assessed as the valuation in any such in
quisition, which shall have been confirmed, being paid or legaily tenEffect of pay. motor ten- tered to the party entitled to the same, the property so taken and val
ued 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 s'ich 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 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 such 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
Regulation, necessary to cross or intersect any established road, it shall be the du- when co. ty of said company so to construct said rail road across such establish-sect roads. 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.
Sec. 18. If it shall be necessary for the said rail road company, in Connection the selection of the route or the construction of the said rail road, to be ing rall road, by them l'uid out and constructed, or any part of it, to connect the 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 and privileges aferesaid ; and