The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1855-02-27

/ lITte cents
Legislature. and shall be snbjec, 10 alteration
as hereinafter provided.
SEC 49, In case any railroad company is uns
able TO agree for the purchase OF any real e2iate,
property OF franchise required for the purpose
| of rs Incorporation, ana when II shall have
failed to secure the same by legal proceeding. 1t
shall have the right 10 acquire the title 10 The
same in The manner and oy the special proceed
ing prescribed in this act, but there shall be no
| power except for crossing ID take the track or
rights Of way Of any other railroad company
Without The consent OF said company.
| SEC 19. For the purpose OF acquiring. such
| tits such company may present petition 10
| the Circuit Courl for such county at any ses.
sion thereof, praying for the appointment OF
three Commissioners said petilion shall be in
the lame of the company and shall be signed
by one Of The directors Of the engineer or allor-
| ney of SAID company on It's behalf, and shall oe
ver.isJ BY the oath ol the Psrson 50 signing the
| same, AM shall contain a description OF the
real estate, properly or franchise which the
company seeks 10 acquire, and stale that such
| couipauy Is duly Incorporated, and that II is the
! intention OF the company In good faith 10 con-
/ street and finish a railroad from and 10 the
places named for that purpose in ils articles Of
association; that the capital stock Of the com
i panv has been In good faith subscribed as re-
/ oired by this act that the company have sur.
veyed the roule OF lie proposed road in said
i county and made map and survey thereof by
/ which such route is designated, and that they
have located The said road according 10 such
survey, and filed a certificate thereof signed by
majority of the direct1rs Of said company In
the Clerks Office Of such county, that The prop
eriy described IN the petition IS required for
the purpose of constructing. operating, or re-
pairing the proposed road or lis appurtenances
and that the company has not been able 10 &C
quire title thereto and fhe reason OF such ina
biliy: The petition must also. state the names
aud places Of residence Of the parties, so far as
the sam. can with reasonable diligence bs as
ceriained. who own or have or claim TO own or
have estates or inerest in said property, aud II
! any such persons are infants lheir ages as near
as may be must b. stated and II any OF them
are IDIOTS or persons Of unsouni mind, or are
unknown, il must be so st1ied, together with
such other facts ana allegations as TO ncum
brances or otherwise as the company may see
| TT; TO make copy OF sacA petition, with no.
ice of the time anj place III, same will be pre-
sentSa 10 such court, must b, served on all per-
sons whose Interests are affected by the proceed
ings at least Ten days prior to the presentation
o. the sans To the cour, as follows:
|. II the person on whom such service
Is to be made resides in tlis State, and is
not an infant. idiot, or person OF uusound
mind, service of a copy OF such petition
and notice must be made on him or his
agent or attorney authorized to contract
for the sale of the real estate described
in the petition, personally, or by leaving
the same at the usual place OF residence
OF such person with some person of suita-
bic age and if he resides out of this State
but has such agent as aforesaid residing
in this State. then service may be made
on such agent in the manner aforesaid, OF
upon him personally out of this Safe, OF
it may be made by publishing q notice
stating briefly the object of the application
a giving description OF the land or
property 10 be taken, IN some daily papeI
published in the city Of Detroit, and in a
paper printed in The county in which said
lanls or property are situate if there be
one, one in each week for six weeks mex
previous to the presentation of such petl'
lion and if the residence of snch person
residing out Of this State be known,
copy Of snch petition shall be deposited
in the post Office at least thirty days pre-
vious to presenting such petition, directed
to such person at his place of residence as
near as may be. and the postage in the
United States paid thereon.
2. II any person on whom such service
is 10 lc made is minor, or an idiot. or per
son of unsound mind and resides in thi:
State. such service shall be made as afore
said on his guarnian or committee ms the
case nav be, or if none, then on the per-
son who has the care OF or with whom
such nfant, idiot, or person Of unsound
mind resides but If such infant be over
the age of fourteen years, then such ser
vice shall be upon him personally.
g. If The person on whom such service
is 10 be made be unknown, or his residence
is unknown, then such service may b.
made by publication for six weeks in tht
same manner provided in the first subdi
vision of this section.
a. In case any party to be affected by
the proceedings is an infat, idiot, or of un
sound mind, and has no guardian or com
mittee, the court shall appoint specia
, guardian or committee to attend to the In
teres,s of such infant. idiot, or person o
, unsound mind, and all notices required e
be served in the progress of the proceed
ings may be served on such special guar
, dian or committee. f SOS
i s. Ina cases not otherwise provided
: for, service of orders, notices, and othei
papers in the proceedings authorized by
this act, may be made as such court shal
r direct.
SEC. %. On presenting such petition L
i 1.-The Circuit Court, as aforesaid, with proc
: of service of copy thereof, and notice a
! aforesaid, all persons whose estate or in
tcrests is to be affected by the proceeding
|. may show cause against The prayer Of th'
f; petition, and may disprovc any of the fact
alleged therein. The, court shall hear th'
, proofs and allegations of the parties. ant
! IL no sufficient cause. is shown agains
! granting the prayer of the petition, il shall
, make an order for the appointment of three
dsinterested and competent freeholders
! not residing or owning real estate in an,
. township through which such road is Z
! run, as Commissioners to ascertain and de
. termine the necessity for taking sucl
c lands. franchise, or other property, and L
appraise and determine the damages o
compensation to be allowed to the owner
or persons interested in the real estate o
{ property proposed 10 be taken in such coun