The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1858-02-20

be The duty OF said company to stale ~ writiug
the real estate aud property sought 10 be con-
dc,rnec, the name OF the owner, and the OBJ
lcct for which the same IL s0ught To be con-
dcmned, and file the same with the Chief Jus
tice OF the county in which said property Is
situated, and theseupon the Chief Justice shall
sppoini three disinteresled free holders OF said
county, as special Commissioners, to assess
said value and damages, giving preference 10
those that may he agreed upon between said
Company and saii owner, and 1t shall be the
duty Of said Commissioners when sworn by
the Chief Justice TO assess said value and
damages, taking ~ the rule Of assessments.
The actual value Of the property 80 condemned
together viii, the ae,ual damages done the resi-
estate and property of said owner by the run
ming Of said Railroad and by the condemnug
Of saii real estate and property for the use
aforesaid and She said Commissioners shall
proceed thus: they shall appoint n day aud
place at the eaflies, practicable period for hear.
ing sand parties they shal on the dty, aud at
the place appointed, fully hear .aid parties
they shall, II they choose, examine the land
and property sought to be condemned, and fhea
under oath assess, By the rule before mention.
ed, the said value and damages, It being the
duty of said Company to give To the owner
five days written notice before the sitting Of
said Commissioners Prolrded that eth. r par.
v i dissatisfied with the dccisipn OF; sud
Commissioners shall hays the right 10 file a
petition Ia the Dlsifiot Court as IN ordinary
cases Prstiied, that when said Company
shall institute a suit In the Disirici Court, IA
accordance with these provisions, the awnfd or
Judgment of sn,d Comm ssioner~, snd tue
Judgment that may be rendered Ia the District
Court, shall be a special lien Oh the sid road
bed, track, nd franchise Of said Company, un-
I'll the said award or judgment shall be dis
charged
SIC "A That u the said Commissioners.
in proceeding before itrn, a. provided Ter
IN the next preceding .eeuon shall adj udge the
Company to pay greater damages Tor the land
taken, aud The jury resulting lh,retrom, then
sad Company shall pay all COSTS; and the
sane rule shall determine the costs IN tn. Dis.
tr.ct Court or before SAID Commissioner, re.
cover the Saine or a less amount of damages
than was offered by the Company, then he or
she shall pay al the costs.
SIC. 4. That there be granted to said
Company, all the grants, provisions. and prisi.
eges ii an act entitled An Act to encour.
leg. the construction Of Railroad, he Texas BY
donations OF lands approved January 80,
1854, and all the grants, provisions, and priv.
Tor the Investment Of the special school fund
in the bonds Of railroad Companies scope.
rated by this State passed August Is, 1886,
ia conformity 10 the proyi. ans OF sad laws,
and such other general law. Of this State, on
Ila subject, are now OF may hereafter be in
force.
SHo 49, That the said Michael q. Bright,
Thomas b Lincoln, Samnei II. Wilmer aud
associates, shall, within six month after the
passage Of this e,,:depos, in the Treasury Of
the State of Texas. fifty thousand dollars,
either IN gold coin. United States Treasury
notes, Or United States Bonds at the option OF
sad torporators, sllVect To The sple control 0f
the Governor. aud presided that wAen the
Company shall have graded twenty live slies
If said Road, The said deposit shall be returned
TO said Company otherwise 10 be forfeited TO
the State If Texas, for the benefit of the
Special School fund of the State aud tina, no
rights shall test under tkis act Of Incorporation,
until said deposit is made.
SIC. /. That the said Company shah have
completed on or before the Gesi day OF April,
1859, at lcast twenty FIVE miles If said Kali.
road aud thai there be twenty-five thereof
completed each year thereafter, ust the whole
be completed, and that NO eerli6cste- Of stock
shall be issued until fifty milrs Of saia Rail.
road be- finished aud in eot1plcte running oraer
and that in ea>e said COMPANY shall :a.l to
construct twenty. i've miles OF laid R1ai by
thr said first day of April, 1859, th.t such
failure shall operate as forfeiture Of tas
Charter hereby grated
Sac Is That NJ ala .aW paf,ies anl as
soria,e. tail "a make -ad deposit within sx
mouths from the passage of this act, then shtii
an, i've az more viuzen- OF tae Stale Of Texa..
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