Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1837-06-07

tcs VI HIS ohiCc, W uio ooS' VI ''' S"'A "''e
Judgment.
Sec. 10. The said president and direc.
tors, or a majority Of them, shall have pow
err to appoint, contract with and determine
the compensation of all such officers, en-
ginecrs, agents and servants whatsoever,
as they may deem necessary for the trar--
saction ofthe business of the company, and
remove them at pleasure and the said
president and directors, or a majority OF
them, shall have power to determine the
manner of adjusting and settling all ac-
counts against the company, also the man.
ner and evidence of the transfers of the
stock Of said company and they shall
have power to pass all bylaws that they
may deem necessary Tor carrying into exc
cution all the powers vested in the compa.
pany hereby Incorporated.
Sec. IL. The president and directors Of
said company shall be and they are hereby
vested with all the privileges and the power
necessary for the location, construction and
keeping in repair said rail road, not exceed
ing one hundred feet in width and the
said president and directors, or their a.
gents, or those with whom they may con-
tract for making the road or any part of it,
may enter upon, use and excavate any
land which may be wanted for the site of
said rail road, or any other purpose which
is necessary in the construction or the re-
pair of said road or its works, so soon as
the amount of compensation therefor is as
certained and rendered as hereinafter pro-
vidcd.
Sec. IL. The president and directors of
said company may agree with the owner or
owners of any land, for earth, timber, grav-
| ell, stone, or other materials, or any arti-
cles whatsoever which may be wanted in
the construction or repair of said road, or
of its works, for the purchase or occupa-
ton of the same and if such materials
| (not previously taken, or appropriated by
the proprietor thereof for any particular
use) as may be necessary for the repair or
construction of said rail road, or any of its
works, be found on any unimproved land
adjacent or near the same, and if the par.
ties cannot agree, or if the owner or own
ers of any of them be feme covert, under
age, non compos mentis, or out of the coun-
| ty in which the property wanted may be, an
application may be made to any justice OF
the peace Of said county, who shall there
upon issue his warrant, directed to the
sheriff of the said county or, if the sher-
iffbe interested, to some disinterested per-
son requiring him to summon twelve free
holders in the county, not in any way inter-
ested n the matter, or related to the par
ties, to meet on or near the. property to be
alued, on day named in the 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 do not
attend, the said sheriff or summoner shall
Immediately summon as many as may be
necessary, with the persons in attendance
as jurors, to furnish pane! of twelve jul.
rors; and from them, each party, his, her
or their agent or attorney, or if either be
not present, either by agent or person, the
sheriff or summoner, for him, her or them,
may strike off three jurors for each party
not present, and the remainder shall act as
jury Of inquest of damages; and before
they act as such the sheriff or summoner
shall administer to each an oath or affirma-
ton, that they will justly and impartially
value the damages, which the owner or
owners will sustain by the use or occupa-
ton Of the land, materials or property re-
quired by said company; and said jury
shall reduce their inquistion to writing, and
shall sign and seal the same, and it shall be
sent to the clerk of the county, and be by
him filed in his Office, and be confirmed by
the circuit court of the county at its next
session, if no sufficient cause to the contra
ry be shown and when confirmed, the
same shall be recorded by the said clerk at
the expense Of said company; but if set
aside, said court may direct another inqui-
sition TO be taken in the manner above
specified. Said inquistion shall describe
the property taken, or the bounds Of the
land required by said company. Such
valuation, when paid or rendered to the
owner or owners of said property, his, her
or their legal representative, shall entitle
said company to the estate and interest in
the same, thus valued, as fully as if it had
been conveyed by the owner or owners Of
the same, for such term of time as said
company shall occupy the same for rail
road. And if the valuation be not receiv-
ed when rendered, it may any time there
after be received from the company with
out cost and the sheriff or summoner and
Jurors shall be allowed the ordinary fees
for like services, to be taxed by the court.
Sec. ID. Whenever in the construction
Of said rail road, it shall be necessary to
cross or intersect any established road, it
shall be the duty of the said president and
directors to conduct the said rail road
across such established DAD in such man.
ner as not to impede the passage or tans-
portation of persons and property along
the same or when it shall be necessary
to construct it through the land of any in
dividual, it shall be their duty to provide
Cor suoh individual proper wagon-ways a.
cross said road from one part Of his land TO
the other.
Sec. IA. If said company shall neglect
to provide proper wagon.ways across said
roads as required by this act, it shall be
lawful for any individual to sue said com.
pany, and he or she shall be entitled to
such damages as the court or jury may
think him or her entitled to, for such ne
elect or refusal on the part of said compa.
ny.
Sec. Is. II It shall be necessary for the
said rail road company, in the selection of
the route or construction of the road to be
by them laid out and constructed, or any
part OF 1t, to connect the same with any
Il.