The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1849-12-20

notice oftbe time and place at which q
meeting of the stock -holders will be held
for the choice Of directors; and nj the time
and place appointed for that purpose, the
commissioners, or majority ofthem, shal!
attend and act as inspectors Of said election.
The stockholders, who shall, be present Ell
Their in person or by lawful proxy, shall
proceed by ballot to elect their directors;
and the commissioners present shall certify
the result Of said election under their hand,
which certificate shall be recorded in the
hooks of the corporation, and shall be suf
ficicnt evidence Of The election ofthe direc-
tors therein named. All future elections
shall be held at the times and 10 the man.
ner prescribed by the by laws and reguIa-
tons ofsaid corporation. Each stakeholder
shall be entitled to vote in person or by
proxy duly authorized, one vote for each
shnre be may own al the commencement Of
each election, and a plurality Of votes shall
determine the choice, but no stakeholder
shall be SLOWED to vote at any election af-
ter the first for any stock which shall have
been assigned to him within thirty days
previous to the day Of holding such election.
SEC 6. II shall he lawful for the directors
to require payment Of the subscriptions to
the capital stock al such times, and 10 such
and on such conditions as
they shall deem proper, under the penalty
Of the forfeiture Of the stock and all the
previous payment thereon; and they shall
give notice 81 the payments thus required,
snd Of the place where and the time when
the same are required to be paid, at least
thirty days previous to the time Of reqniring
said payments by publication in at least
three public newspapers printed in the
State.
SIC. 7. The said corporation is hereby
empowered to purchase, receive md bold
such real estate as may be necessary end
in accomplishing the object
for which this Incorporation is granted.
and may, by their agents, engineers and
surveyors, enter upon and take possession
of, and use all such Iaods and real estate as
may be necessary and indispensable for the
and maintenance Of said rail
road, and the nppendages and nccnmmoda-
tions requisite and appertaining thereto;
and may also receive, take and hold NIL such
voluntary grants and donations Of land and
real estate as shall be made to said corpo-
ration for the purposes aforesaid. Blu,
whenever any lands, real estate or mate
rails shall be taken and appropriated by
said corporation for the location and con.
struction Of said railroad, or is appendix
ges, or any work appertaining thereto; and
the same shall not be given or granted to
said corporation, or the proprietor or propri
esors do not sgree with said corporation as
to the amount Of damage or compensation
which ought to be allowed and paid there
fore ;or shall not mutually agree on some
person or persons to spprise the same. the
damages shall be estimated and assessed
in manner following: The said corporation,
or the owner or owners If said lands, may,
on giving notice Of their intended applica-
ton, and the time and place Of making the
same, apply BY petition to the Judge Of the
Circuit Court Of the county, then 10 the
senior County Commissioner Of said coun-
~, particularly describing in said petition
the lands to be appraised: and upon proof
that reasonable notice has been given as d.
recied, the said Judge, or ia case Of his ab-
pence as aforesaid, senior County Commits
ioner shall, on hearing the said petition,
ppoint three disinierested persons, free
Holders and residents Of the county in
Which said lands may be situated, as COM
tmissioners for the purpose Of assessing such
damages; and the order in which they are
shall specify the lands proposed
to be appropriated and occupied by said cor
poraiion for The purposes aforesaid. The
said appraisers, after heing duly sworn be-
fore some officer legally authorized 10 i'd
minister oaths, honestly and impar.ially 10
assess such damages, shall proceed by view
ing snid lands, and by such other evidence
as the parties may produce before them, to
ascertain and assess the damages which
each owner will sustain by the sppropria.
tion Of his land for the purposes aforesaid,
over and above the benefit and advantages
which said commissioners shall adjudRe
will accrue to such owner or owners by the
of said rail road. The said
appraisers shall make a report in writing
to the said Judge Of the Circuit Court, re-
citing the order Of their appointment, and
specifying the several parcels Of land de-
scribsd therein, the MINES ofthe owner or
owners ofthe respective parcels, Unknown,
and il not known, stating that fact, and
specifying also tho damages which the
nwners ofthe respective parcels will sustaln
by renson ofthe appropriation oftbe same
for tho purposes nfnresaid-which said re-
port shall be filed 10 tho Office Of the Clerk
pf the Circuit Court Of the county ID which
Tho said lands may lie. In case either Of
Tho parties il dissatisfied with said assess- !
ment, the said Judge may, n the next |
Term Of the Circuit Court in said county.
On herring the parties in interest. or il both
shall not appear, 10 proof Of notice being
given to the opposite party. modify the
aid assessment as to him shall appear jnst.