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

vvx1OAE ~ OMDE1A 1JVs
next after the fling Of said report - afore-
said, a record shall DO made Of The said re-
port, with the order Of tho said Court there
on, accepting or modifying the same On
The payment Of the damages (if any thus
assessed, and the expenses Of assessmcns.
The said corporation shall immediately be-
come seized and possessed Of the said lands
and property, and entitled to the use Of the
same for the purposes aforesaid.
SEC 8. When the lands or other property
or estate Of any married woman, infant or
lpcrson non conipos mentis shall be necessa-
~ for the construction ofeaid rail road or
its nppendsges, the husband Of such married
woman, q the guardian Of such infant or
person non compos mcntis. may release all
damages 10 relation TO the land, property
OF estate to be taken and appropriated As
aforesaid, as fully as they might do &c the
same were holden in their own rights 70.
spectiyely or the husband or the guardian
Of any such person whose property snll
be taken as aforesaid, may appear and act
for aud in their behalf 10 obtaining an az
sessment ofthe damages to the same under
This act. And in case sny such infant, er
person non conpos mentis, whose property
may be taken as aforesaid, shall be without
guardian, the Judge Of the Circuit Court,
Of the County Commissioners, shall have
power to appoint guardian ad ibitum, to
act in behalf Of such person. - ~
Sec. 9. Whenever it shall he necessary
(under this act Of incorporation) for ,ha
construction Of single OF double track
rail road as herein authorized, to intersect
or cross any stream Of water, or any pub
lie road or highway, it shall be lawful for
the said corporation to construct across or
nr,n the same: provided, the said corpor-
alton shall restore such stream or water
conrse, or public road or highway thus in
fersected, to its former state, or in suffi.
cient manner not to materially impair its
usefulness. M ssg
Sec. 10. Ifany person ahnll, wilf,Ily or
negligently, do or cause 10 be done any act
or acts whatever, whereby the said road.
sr any building, construction, or work Of
said corporation, or my engine, machine OF
structure, or any matter or thing apper-
tanning to the same, shall be stopped, OBJ
structed, weakened or impaired, injured or
destroyed, the person or persons 90 offend
ing shall forfeit and paw to said corpora.
ton treble the amount OF damages sustsin-
cd by reason Of such offence, 10 be recover
ed with costs OF suit in the name RI said
corporation by action Of debt. and auch Of
fendea or offenders shall also be deemed
guilty ofa misdemcnnor, and be subject 10
Indictment and punishment as III other
cases. as aa ate g4@
Sec. IL. For the purpose of facilitating
the construction Of the rail road authorized
By this net, the said corporation is, and
shall be permitted to negotiate Iosn oI
losns Of money to the amount Of ito capital
stock, md to pledge all Of its property, real
and personal, and oil Of its rights credits
and franchises for the payment thereof.
Sec. IL. Il shall be the duty Of the
corporation, hereby created, when the mil
road contemplated by this act shall have
been completed, IL keep and maintsin the
same 10 good condition and repair; and
whenever, from any. cause whaiever,. 1he
same shall become injured, or out Of repair,
the said corporation shall Immediately
proceed 10 rcpnir the same. shfoe
Sec. IS. This act shall be deemed and
considered public act, md shal be favor
ably end justly construed, for Al purposes
therein expressed and declared, 10 all courts
and places whatever.
n NEWTON CLOUD.
Speaker Of the House Of Representative.
JOSEPH B. WELLS. ari
$500 Speaker Of the Senate.
Approved Feb. 81. lS47.
AUG. C. FRENCH. !
DEPARTMENT OF STATE,
a ILLINOIS,
I, HORACE 8 CooLEY, Secretary Of State,
do hereby certify the foregoing to BE- tyus
copy Of the original enrolled law on 6!s ia
my office.
Witness, my hand and tho Great Seal
T.. 81 Of State, at Springfield, this 10Th Of
April fte s8 Il
A. d. lS47.
II. 8. COOLEY.
Secretary Of State.