The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1853-05-19
ST. PAUL. TERRITORY. THURSDAY MAY 49, 1853

houses, buildings. machine shops or other fixtures
or ANYTHING belonging or incidental thereto, or an,
materials to be used in the construction thereof
or any building, fixture or carriage erected OF
constructed for the use and convenience thereof
such person persons shall each be liable 70,
every such offence to treble the dam images sustained
thereby, to be recovered in civil action in any
court having jurisdiction Of the amount.
SEC. IL. Whenever il shall become necessa-
ary IN the location or construction Of said road 10
pass through the land of any individual, it shall
be the duty of said company 10 provide for said
individual proper wagon ways, and all necessary
roads and passages across the track of said Rail-
road, or otherwise the Company shall be liable
to such individual in treble the amount of dana
yes occasioned by such neglect.
Sec. H. SAID company shall have power to
increase It's capital stock six mill ons of dollars.
s'ec. lS Said company shall have power to
increase its number Of directors to any number
not exceeding fifteen.
| Sec IA. The said company shall have the
right to enter upon any lands to survey and lay
down said road, not exceeding hundred and
thirty feet in width, except where il is necessary
to leave room for turn outs, sites for water, build
lngs, condus and tank sites. for depots and
ore-hOuses, machine and other shops, and the
extra tracks necessary therefor, and whenever it
Is necessary to have such lands, they shall nave
the right 10 enter upon, take, hold and occupy
such lands, and also TO enter upon any lands ad-
joining said road, and obtain therefrom sand,
gravel, stone and other materials as may be nec-
esSary for The construction of I'd road and when
ever any lands or materials shall be required lor
the construction Of said road and the same sha II
not be ven granted to said company, the
compensation 10 be paid therefor by said compa-
ny shall be ascertaincd in The manner follow ing
10 wit: Said company shall apply 10 the Ju ige
of the District Court of the Territory Of Mnneso-
Ia. for the appointment Of three Commissioners
whose duty It shall be NJ the earliest practicable
ilTe alter their appointment, 10 proceed to exanl-
inc and assess the damages which may be sus-
tanned BY The several owners or claimants of the
lands through which the road Of said company is
located, and the SAID commissioners IN assessing
SAID damages shall deduct hereirom The benefit
which SAID lands receive by the construction of
said road. 1t shall be the duty of said company
to give thirty days notice Of their application for
the appointment Of SAID commissioners in or
more newspapers published in each of the coun-
ties through which said road is laid out, and in
case no newspaper is published in any one Of said
counties. then 10y posting up such notice on ;he
door OF the court house a said county, thirty days
before the Time Of making such application, and
it Sha III be the duty Of said commissioners to ca use
ten days notice Of their meeting 10 apprase the
damages of any lands through which said road
may run, TO be given TO The owner or cl, INFANT
thereof, and N case said owner or claimant shall
be u minor insane person or unmarried woman,
then such notice shall tie given to the guardian,
committee or husband Of such MINOR insane per
son unmarried woman. Either party feeling
himself aggrieved by the decision o sand commis-
>ioners may appeal to the d dstr ct court of the
county IN which said lands may be situated and
sand appeal shall be tried IN the same manner us
any suit commenced therein, Prori4ed, that said
company shall! not IN any manner be delayed in
the construction oc their road by any such appeal,
but may proceed Immediately with such construc-
ticn paying into the office of the clerk Of said
court the amount Of moneys awarded to the own
er owners Of such la nds. and filing a bond with
said clerk, TO sand owner owners, binding sa id
company 10 pay such further sum may finally
he awarded against said company. ! be notice
10 be gwen by the commissioners 10 the owners
Of lands required for the railroad shall be in VIII
ting, and delivered 10 SAID owner or owners, or
left al In ir usual place Of residence, # residents
of this Territory, if non-rGsidents, then said
lice TO be gwen IN Il newspaper published in the
county in which said land is situated a, least four
weeks before making sand apprasemet
Sec. l5. SAID company Is hereby authorized
to borrow money to be expended in the construc-
tion and equipment Of their said road and It's APP
pendages, and 10 issue bonds for The payment
thereof in the usual form: such bonds not TO
ceed IN The aggregate al the period of The comp
tion of I'd road three -iuurhs Of the whole amount
actually expended on said read and It's appcnda-
ges aforesaid; AID may make and execus. IN the
corporate name of sand COMPANY all necessar,
mortgages, Writings, notes, tonds. or other papers,
for any liability that !, may incur IN the Cunsrac
tlOn or equipment Of SAID Road.
Sec. TO- The SAID company Is hereby author
IZed and empowered 10 construct their said Rail-
road and II. branches IN sections fast as they
may obtain the means for SO doing; and the fran
chlse Of the portions completed and pat IN OPP
era,on, shall vest in SAID company the ranie as
though the who completed.
Sec. IL. Said company is authorized and en-
powered 10 conaect It's road with the road Of any
Railroad company or companies IN the Territory
OF Minnesota; or 10 become part owner or lessee
Of any Railroad in SAID Territory, and any Rail
road Company in said Territory Of Minnesota,
duly OrganIzed under the laws Of said / erri,ory,
may connect lis road with The road o. said COM
pany and may IN like manner, with The consent
OF SAID company. become part owner or lessee of
the road OF SAID company. Of any OF lis branch
es. any portion thereof, situated IN This Terri
tory.
Sec. Is. The fee simple Of all lands granted
along the line OF said road or otherwise by the
aiding in the construction Of said road, MA, be
directly granted to said company, and shall he
vested in or transferred to said company; and
sd id company is hereby authorized TO receive ,he
title thereto, and is hereby empowered le Trans
fer just and proper proper ionale paris of sand
lands irom time TO iinie and 10 convey ia fee SIM
pie or Otherwise, as ST on and as often as five
miles Of said road shall be constructed and CON-
plc,ed and the track thereof -hail be put IN run
ing order, and this giant shall rot becolne void,
nor tins company be dissolved by he non COM
pleion Of the entire exieul Of said road, but shall
be good and valid. and 10 all il tents and puIpo-
ses, for the parts or portions Of said road, com
Pleled. and sand company shall continue and sur
vive to that extent.
Sec. 10. This company shall have power to
enter upon and pass over the railroad OF any III
company whose railroad connects with that Of
this company with their and engines. and
any other company shalt have like power to en-
ter upon this railroad, whose railroad connects
with this railroad, and pass over the same with
their cars and engines; and such reciprocal use
Of said respective railroads, shall be upon terms
to be agreed upon by the officers Of the respec-
4