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allegations of the parties, three or more of said Commissioners shall, after viewing the premises, without fear, favor, or partiality, ascertain and certify the compensation proper to be made to the said owners and parties interested, for the land, real estate, and property, so to be taken or injuriously affected as aforesaid, the valuation by said Commissioners to be of the said land, real estate, or property, as it was before the said railroad was projected, and not as improved in value by the projection of said road. The said Commissioners, or a majority of them, shall make, subscribe, and file with the Clerk of the county in which such lands, real estate, or property shall lie, a certificate of said ascertainment and assessment, in which the said lands, real estate, and property shall be described by map or otherwise, with convenient accuracy and certainty. Either party feeling Either party may aggrieved by the decision of the Commissioners, may appeal to the Supreme Court, as in other cases tried before the District Court: Provided, that such appeal shall not prevent the company from pro- Business of the ceeding with their work, or retaining or taking possession of such to be atfected lands, real estate and property, as may be necessary for the successful prosecution of their road. The Court or Judge, upon such certificate, and due proof that such ascertainment or assessment has been Proceedings after paid to the parties entitled to the same, or has been paid to the Clerk of the Court of the proper county, shall make and cause to be entered in his minutes, a rule describing such lands, real estate, and property, in manner aforesaid, such ascertainment or assessment of compensation, with the mode of making it, and such payment or deposit of the same compensation as aforesaid. A certified copy of such rule shall be recorded and indexed in the proper Recorder's office in the like manner and with like effect, as if it was a deed of conveyance in fee simple from the said owners and parties interested, to the said corporation. Upon the entry of such rule, the said company
shall become entitled to use and occupy all lands, real estate, and property described in said rule, as required to be taken as aforesaid during the continuance of the corporation, by this or any subsequent act; and may take possession of what they are not at the time in possession of, and hold and use all described in said rule for the purposes of said road, or otherwise for the benefit of the company, and shall thereupon be discharged from all claims for damages by reason of any matter specified in the said petition, certificate, or rule of court. If at any time after an at- Titles of land tempted or actual ascertainment of compensation under this or any this act may be other act, or any purchase by, or donation to the said corporation,
proceedings of any lands for the purposes aforesaid, it shall appear that the thereon.
the decision of Commissioners is made.
decision of Commissioners
title thereby acquired to all or any part of such lands for the use of said road, or of said corporation, shall fail or be deemed defective, the said corporation may proceed anew to perfect such title by procuring an ascertainment of the compensation proper to be made to any person or persons, whose title, claim, or interest in, or lien upon such lands, shall not have been compensated and extinguished according to law, and by making payment thereof, in
the manner hereinafter provided, as near as may be, and at any Jurisdiction of stage of such new proceedings, or of any proceedings under this District Court.
act, the Court, or Judge in Chambers, may, by a rule in that beCorporation to half made, authorize the said corporation, if already in possession, possession until to continue in the use and possession, and if not in possession, to
take possession of, and use such premises during the pendency is made by giving security.
and until the final conclusion of such proceedings, and may stay all actions or proceedings against such corporation on account thereof; Provided, such corporation shall pay a sufficient sum into court, or give approved security to pay the compensation in that behalf, when ascertained ; and in every case where possession shall be authorized, it shall be lawful for the owner or owners to conduct the proceedings to a conclusion, if the same shall be de
layed by the said company. The said Commissioners shall be Compensation of entitled to receive from said corporation their reasonable disburse
ments, and a compensation per day, to be fixed by said Court or Judge, not to exceed five dollars for each day actually employed by them in the discharge of their duties, such disbursements to be taxed and allowed by the Court or Judge. If any Commissioner so appointed shall die, be unable, or fail to serve, the Court or Judge may appoint another in his place, on reasonable notice of application for such an appointment, such application to be approved by the Court or Judge.
Sec. 29. In case any married woman, infant, idiot, or insane person, or any unknown owners not personally notified to appear, and who shall not appear, after such notice on the appointment of Commissioners, shall be interested in any such lands, real estate, or property, the Court or Judge shall appoint some proper person to appear before the said Commissioners, and act as attorney for and in behalf of said married woman, infant, idiot or insane person, unknown, or
non-appearing owner, not personally served with notice. Route of road Sec. 30. If at any time after the location of the track of said road may be altered.
in whole or in part, and the filing of the map thereof, it shall appear to the Directors of said company, that the line in some parts thereof may be improved, it shall be lawful for the said Directors,
Rights of unknown and non-appearing owners.
sections of this act.
from time to time, to alter the line, and cause a new map to be filed Duty of in the office where the map showing the first location is, or shall be filed, and may thereupon proceed to take possession of the lands em- May take
possession of braced in such new location, that may be required for the construc- land by tion and maintenance of said road on such new line, and the conve- preceding
complying with nient accommodations appertaining to the same, and acquire the same, either by agreement with the owner or owners, or by such proceedings, as near as may be, as are authorized under the preceding sections of this act, and use the same in place of the line, for which the new line is substituted. Sec. 31. Whenever the track of the railroad shall cross a railroad Construction of
road, and or highway, such railroad or highway may be carried under or over damages. the track as may be found most expedient; and in case where an embankment or cutting shall make a change in the line of such railroad or highway desirable, with a view to a more easy ascent or descent, the said company may take such additional lands for the construction of such road or highway on such new line, as may be deemed requisite by said Directors, unless the lands so taken shall be purchased or be voluntarily given for the purposes aforesaid; compensation therefor shall be ascertained in the manner in this act heretofore provided, as near as may be, and duly made by the said corporation to the owners and persons interested in such lands; the same when so taken, on compensation made, to become part of such intersecting railroad or highway, in such manner and by such tenure as the adjacent parts of the same highway may be held for highway purposes.
Sec. 32. If any such corporation shall, for its purposes aforesaid, Public land may require any land belonging to the people of this state, or any of the for the use of counties or towns, the state, county and town officers respectively under this act. having charge of such lands, may grant such land to such corporation for a compensation which shall be agreed upon between them, or Compensation. donate the same; and if they shall not agree upon a sale and price, the same may be taken by the corporation as is before provided in
freightage under be unlawful for the corporation, its officers, or employees, to charge this net more than twenty cents per mile for each passenger, and sixty cents per mile for each ton of freight; and for every transgression of such Penalty for limitation, the corporation shall be liable to the party suffering thereby, treble the entire amount of fare or freight charged to said party. Any reduction below the rates above mentioned shall be left entirely Reduction of to the decision and control of the corporation itself.
rates left with
Passengers may be removed from
Sec. 34. If any passenger shall refuse to pay his fare, it shall be the car for non- lawful for the conductor of the train and the employees of the payment of fare.
corporation to put him out of the cars at any stopping place the conductor
shall select. Company shall
Sec. 35. Every such corporation shall start and run their cars for accommodations the transportation of passengers and property at regular times, to be transportation fixed by public notice, and shall furnish sufficient accommodations and freight. for the transportation of all such passengers and property as shall,
within a reasonable time previous thereto, offer or be offered for transportation at the place of starting and at the junctions of other railroads, and at stopping places established for receiving and discharging way passengers and freight, and shall take, transport and discharge such passengers and property at, from and to such places, on the due payment of freight and fare, established and authorized
by said company or Directors thereof. Penalty for : Sec. 36. In case of refusal by such corporation or their agents so violation of preceding to take and transport any passenger or property, that can reasonably section.
and properly be carried, or to deliver the same when taken, within a reasonable time, such corporation shall pay to the party aggrieved
all damages which shall be sustained thereby, with costs of suit. Cars for freight, Sec. 37. It shall be unlawful to place baggage or freight, or merprecede chandise, or lumber cars, in the rear of passenger cars, and for any
violation of the provisions of this section, the company shall be liaPenalty for violation of ble, upon complaint, to the party complaining, in the sum of five
hundred dollars, and the person, agent, Director, or officer so causing the cars to be placed, shall be guilty of a misdemeanor, and upon conviction of such offence, shall be fined in any sum not exceeding five hundred dollars, or imprisonment in the county jail for three: months, or both such fine and imprisonment; and should any accident happen to life or limb by such unlawful arrangement of cars, the person, agent, Director, or officer who so directed or suffered such arrangement, shall be guilty of felony, and upon conviction thereof shall be imprisoned in the penitentiary for any term not less than
three and not more than ten years. Penalty for Sec. 38. If any person shall, while in charge of a locomotive Engineers and
engine, running upon any railroad for such corporation, or while acting as the conductor of a car or train of cars on any such railroad, be intoxicated, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding one thousand
dollars, or imprisoned in the county jail not exceeding six months, Penalty for injuries done to Sec. 39. If any person shall wilfully do or cause to be done any property created under this act.
act or acts whatever, whereby any building, construction, or work of
And in case of accident.
Conductors becoming intoxicated.
filed in the office
any such corporation, or any engine, machine, or structure, or any matter or thing appertaining to the same, or to the track of said road, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, the person or persons so offending shall be guilty of a misdemeanor, and shall forfeit and pay to said corporation treble the amount of damages sustained by means of such offence, besides a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment, in the discretion of the court.
Sec. 40. Every such corporation shall, within a reasonable time Statement to be after their road shall be finally located, file in the office of the Secre- of the Secretary tary of State a map and profile of said road, and also a written statement specifying the line upon which it is proposed to construct Contents. the railroad, and the grades and curves of said road, and also a map of the lands taken or obtained for the use of said road; such maps and profile shall be drawn on a scale, and on paper to be designated by the chief engineer of said corporation, and shall be certified and signed by the President of said corporation, and by the chief engineer; on said maps and profile shall also be exhibited, by suitable lines, the boundaries of the several counties into or through which said railroad may run.
A certified copy of said maps, profile, and And a copy to be written statement, filed as aforesaid, shall be kept at the office of the the secretary of
the Company. Secretary of the corporation, and shall be open for examination at such time and to such persons as are specified in reference to the “ Book of Stockholders” in the nineteenth section of this act.
Sec. 41. If such corporation shall not, within two years after the Five per cent to filing of its original articles of association, begin the construction of within two years. its road, and expend thercon five per cent. on the amount of its capital, and finish the road and put it in full operation in six years, its act of incorporation shall be void.
Sec. 42. All railroads constructed under this act of incorporation Rails to be shall be constructed with a six feet gauge, or with such gauge as may construction be established for the road crossing this continent, and with iron rail known as the Trail or the H rail, until otherwise provided by law.
Sec. 43. Any railroad company incorporated under any former Corporations act, may have the benefit of the provisions and limitations of this previous act act by filing with the Secretary of State new articles of association, themselves of
provisions of as set forth in section eight of this act, and the filing of such articles this act. by such company, shall have the same effect upon the original articles of association of said company, as if said company had been originally incorporated under this act : Provided, that any company al- Proviso.