Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1839-05-11

purpose.
SEC. Is. And. for making the necessary
examination and location, it shall be lawSul
for the corporation, by their agents and pe-.
sons in their employ to enter upon any land,
10 make surveys and estimates. and for the
purpose of searching for stone, gravel, wood,
or other materials necessary for the conStruc-
ton of said road; but no such material shall
be taken away from any land without the
consent of the owner thereof until the rate
of compensation shall he ascer,a;ned and
paid or secured Ia the owner.
SEC. a. 1t shall be lawful for the corpo-
ration either before or after The location of
any section OF said road to obtain from the
person or persons, through whose land the
same may pass, REIMBURSEMENT of so much
OF sand land rs may be necessary for the con-
struction and location of said road, as also
the stone, gravel, timber, or other materials
that may be obtained on sand route; and may
contract for such materials as may be OBJ
tanned on any other land near thereto, and il
shall be lawful Tor sad corporation 10 receive
by donation. gifts, grants. or requests, land,
money. labor. stone. gravel, or other ma,eri-
ais for the benefit of said corporation; and al!
such gifts, grants, donations, accomplishments
or requests made or entered in writing by
any person or persons capable IN law 10 con
tract. made in consideration of such location
aud Tor the benefit OF the corporation, shall
y,
ton may have their action at law or equity.
IN any court OF competent jurisdiction, 10
compel the observance of the same Prori-
) ded, That all such contracts, donations, re-
; iinqulshments, &c. shall be fully and plainly
made IN writing and signed by the party ma
! king the
SEC. IA. That in all cases where any per-
son, through whose land the road NAV run.
shall refuse TO rellnquIsh the same; or when
Ion act atty L..
7 1t shall be lawful for the corporation to give
notice to some Justice of the peace, in the
county where such difficulty may occur, that
q such facts do exist, and such Justice shall
u thereupon summon The owner of such land
/ TO appear before him on particular day with
: in ten days thereafter, and shall appoint five
e disinterested f.eehoders of the neghborhood,
l. who shall! after taking an oath, faithfully and
IT linpartla!ly to assess the damages, 1t any,
/; view the land and such materials as the cor
D. poratlon may actually need, and, after hav-
III ing taken INTO consideration the advantages
n as well rs the disadvantages the road may be
10 the same, report thereon whether the per-
se son is entitled TO damages not; and if so,
IN how much; and shall file such report with
Id such Justice, whereupon said Justice shall
IN enter lud gment thereon, unless for good cause
ne shewn; and II either party show good cause
ks why judgment Shall not be entered, the jos
IN tee may grant review of the premises ell
ne Their with or without costs: and IN all cases
mt where the owner orowners of such land or ma
cl terais shall be minors, insane. or reside out
of the county where the land may lie. such
ms Justice shall cause three public notices Ito be)
tie posted in three public places within said coun-
ne ", OF such application for three weeks previ-
on Gus to the day appointed for selecting view
a. ers o! such premises; at which time the JUS.
all tee (unless good cause be shewn) shall pro-
at coed as If the owner had been duly notified
Sc; to attend: and, on such Judgment being rem
M dered, and the corporation complyin there
MS with by paving such costs or damages award
on ed against them. the corporation shall have
sht the exclusive of the land which
cir SAID road is located, and for which said dam
ms ages had been assessed and the right K
take such timber, gravel and the materials
me for the construction Of said road. as may 6t
ct. So aforesaid allowed for in damages, using
uo- due diligence 10 remove the same with as In
'rs, tie damage to the owner as possible. Pr0r
10 Utded, hooerer, that either party TO said pre-
ons ceedlngs, provided for by this section, sha
the have the right to arreal from the judgmer
on OF the Justice IN the premises TO the cIfcu
ON court In the proper cOIaty within thre
,he months from said decision, on the trial
ms which appeal In The circuit court either part
may have the same tried by jury of II
nts. country as in other cases appealed from
to Justice of the peace.
Or SEC. l6. That, if it shall be necessar
OF and advantageous to the location and co
on struction of said road, the corporation sh'
-po- have the right to lay the same along and u
ga on any State county road- ProDidt
o a ho,oerer, before such location shall be Elad
nd'- the corporation shall make application 10 Z
lille, county commissioners of the proper coun
)nio for such right, and such commissioners a
'oAs hereby vested with power to grant the san
By an order entered on their records.
rec SEC. II. That when said corporation sh
lree have procured the right Of way rs here
lent provided. they shall have the exclusive use
lent such land, and shall have the sole right oil
rop- cupancy in the same; and no person, DO
polite, corporate shall IN any way int
be fere, modest, disturb, or Injure any OF
be rights and privileges hereby granted.
be SEC. 8. The corporation may charge q
by recover, by due course Of law, two per Gel
able per month, for any money no. paid IN on 81
per- scription to the capital stock, together W
the costs of suit when called on prescribed
uar- the fifth section of this act.
be SEC. 10. The Corporation may char