Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-08-20

si4tfA-t " TIE o. Of rztQ TzsfrO&1f
ne osd ssctioBs Of land hsrsby era nted shal nos
bs Il bls 70 sale OF entry. or prs-emption before
y afisr t5ey ars surveyed except By said compa-
81, ~ provided in this set but the provisions Of
tse at Of september, eighteen hundred and flrty-
one, grating pre- symptom rights, aud the sc
adasoFy thsrs0f. ID Of the at sEtitled '.AH
set - s-cure hoaetesds % actual settlers the
pstle domain approved 8sy tseFrty, eighteen
hundred and sixfy-two, shall be and the sans are
lssrs BY sxfenssd ~ ali other LANDS the Il e q
sxia Toad when surEeyed excepting those her-by 4
granted % sad eonIpany- And the reserved alter
.ss = cfions shalt not ss u by the Cover uasut
= 5ries less tb4a two dollars aud fifty cents per
ssxe, wben ofsfed for sale.
sse ~ A NJ D. 4 further enacted, That ths said 4
ssNsyflseru Pacific Railroad COMPANY be aud Is I
h~rsfJT authorized and empowered 70 enter upon, /
uafcbase take and hold any IsHds premises |
that may b necessary and proper for the
tlou Gad work. Of 81 road, MT eerceedtug 4 |
width two hundred isef earh side Of the line /
Of ifs railroad, unless greater width oe rs4aired
for shs purposs Of excavation or enbankmenf;
aBd also aBy lsnds and premises that may be ne
eessary aud proper for tnrnouis, standing places
for ears, depots, station-heuses, or any other
structures required in the construction and work
Ia Ofsaid road And the said company shall
have the FEht 10 cut and remove trees and other
material thst might. b. fall 9, cucumber Its
two hHndrsa feet from he line OF said road. And
Ia case the owner u such lands or premises and
the said company eauBot agree a. 70 the value OF
he premises taken or 70 be taken
fr the use Ofs ssldToad, the value
thereof shall BE- determined by the appraisal
Of three disIntsrested commissioners, who may he
appSfBtsd, npon application by either party to
3 , court Of record 10 any Of tie Territories in
which tbe lands or pennies 10 Be taken lie; and
sad eommisst Jnsrss 10 their 1sssssmsDt 81 dam
4gss, shall AZ ara'ss such premls a. what would
have ben the yalu. thereof If the II al had bot
i--su built. ABd upon return into court Of such
apprsissnsnt, Aad upen the payment into the
ssme ofth estimated value Of the premises taken
fgr the use and benefit Of the owner thereof said
premises shaIl Be dsamed to g taken BY said com
psuy uhlsh shah thsrsbs aeqnir- full title to the
sams Tor the Sparposs affessd. and In either
party f-eng sksrisssf e s@sd appraisrashl may
within thirty days a9isx th Sans has been rstsrn
ID into court hisA a1s afspeA ftherefrom, md de
mAnd . Jury Of tweigs mes = estimate tbs dam-
49, sustained bat saEis ap5>al shall not interfrFs
/ gxrhassss taken or % 80 soy act necessary and
psopef 81 the conssrne sIsN ~ Its road. And said
| eariy zppsziing shall s% gesda, Nith sufiisient
surety or surstiss, for the pssJ ment Of any eost
that nay afiss upon sect Aprezi and in case the
| carly appalling eshdt slfain verdict, incTeAs
| log dlfain shlnR tie case may BE- tbs Awart
Of the eomnzisssoirrs, saeii party shsl psy the
| whole e.st lnesrred By the appellee. as we'll -
sis eva. aad the p-yussnt Into court, for the use
| Of the ownsr 81 said pfemlsss taksns Of sum
equal 10 that finally AWARDED shail be held TO vest
IN said company the title Of said landi and Of the
light to and occupy tbs same for the con true
/ tion. maintenance, and operation Of shii road
sna Ia any Of the lands TO be taken, "a aiofs
szids aalI be held ~ any infsnt, femme covert,
non eoDpos, insane pefsOus or persons residing
| withsut the Territory within which the lands to
b taken lie, or pers subjected TO any leg i Dis
| sli'ity, the court may appoint guardian fer any
psrty uadsF aBy disqusliheAiioa, 20 appear 10
| proper person. who shali give bonds with sun
eient surety suretSes, for the proper and faith
4 fslsxeeutf8n Of his frusf, and Who msy represent
IN court DE person dlsqHsilhsd IS Aforesaid, from
appearins. MhHu the aaaas proceedings shall b
4 had in feasFancs 10 ths sppfAis.msnt Of the prem
4 IL to be taken FOR The use 81 tald company, and
wih the sane sfs t a. has AL e@dy BEEN described
BY slrtn@ Of this act shall not se affected or iEs
paired By of any ALLURE By any guardian =
disehargs faithfully bis trust. Aud iu'esss any
party shail have right or claim 30 any land fol
terra, d years, Any interest therein. In Po'
sion, rsseTsion. remainder. the value Of auJ
-ueh sstAts. less than = simple, shalt b ssti
MATED aud deierminsi In the manner hersiubsfore
| set forth And in eas@ Il shall Be necessary fO
| thu company 20 enter upon sny lands which ar
| uugci upieG, aud Of which there u no apparent
| owner or claimant, Il may proceed 20 tzheasd as
the ZANE Tor the PURPOSES Of said Tatrqsd ans
may Institute proceedings, 10 manner describes
] tor the purpose % ascertsiuug the value e. an
II acquiring titis tns the sane, hut the judge o
The court heariaE said suit shall determine IN
| sina Of notice 60 BE- served On sueh osner or W
, urs, aud he may Ia bis discretion appoiat azeB
. guardian TO represent auch owner or osnsrs u
case Of his their incApaciiy OF non appearance
| But ia case Hocialmant shall app-ar wlthln sil
years nom the time Of thu opening OF said foal
acfo,s any land. ali eIAios 20 d.mages asains
said tompany shall be barred.
sse 3. lad b u further ssaet~d, That zach as
, every grant, right aud prtvi. egs hereia -
made and given to. ami epted b.. ga saFthsri
PAciac hatl5u d Company, upen aud subject g. IN
ofiosing eondii ions, Hsmsiy that TIE ssid com
pshy shall commence lhr work on said road with
"a two years from the approval q this act ty ~
President, and cemplste not lsss than hty mile
per year at the second year, aud snail construct
EQUIP. furaish and eompl-t~ the ~hols foai b
the fourth DAY q Jaly, anus Dsmini eighties
hundred and seventy.slx.
) SEC. o. dad BE- u further sraeGsd. That the Tn
. ted States make the several conditional grant
horein, and that TIE ssil Northern Pacific Rail
! road Company accept the sAas, upon tn fafths
coalition that " the said company make an
! brea - the conditions hereof aud allow th
aaWs 10 eontnus for uFwalds sf ons year. then
Ia such case, at any tine hsreAfssr, the Units
States BY its Congress, may do any and all ae,
, and things which may ba nesdfnl and necessary {
insure speedy competition u the said road
Sec. 10 And b. Il further enacted, That all pee
pie Of the United States shall have the right Z
subscribe TO she stock of the Northern Pacia
Railroad Company until the whole capital IA me
10 this act Of incorpos alton Is taken mp, hy CON
llyine With the terms Of suhscriptiou; and q
mortgage or construction bonds shall ever he u
sued by said company on SAID read, OF mortsag'
I | or lien made In any wy, except by the eoussu
Of he Congress Of the United states.
SIC. II. And b Il furtAer enacted That sal
| Northern Pacific Railroad, any part thefeo
c shall be po-t route and q military adj subjss
to the use IF the United States. for postal. mil
4 tary. naval, and all other Government service an
c also suhjsct to such regulations as Congress ma
impose restricting the charges tor such Govern
ment transportation.
=, Sec IL And BE- Z further easosed That the =.
= eeptance Of the terms conditions aud Imposition
4 Of this act BY the said Northern Pacific Ralros
| Company shall be signified in writing npder Il
!. corporate seal Of aid company, duly executed pm
suant 20 the din sction ofits ard of directors r
. had and obtained, which accsptanea shall be ma,
} -hhin two years after the passage Of this &C
9 and net Afterwards, and shall be served en- q
!, President Of the United States
2 sec Is. Aaa Be- further enacted, That the dire
! tors Of said company shall make an annual r~po
. Of the IL Proceedings and expenditures, verified
= the aldavisa OF the president, and at least six
I, the directors, and they shall, from time 90 tim
y IN. determine, and regulate the farce, tolls, At
i charges 20 Be received and paid for trsnsportati'
Z OF persons and property on said road, or any pa
q thereof
. Sec. "a. A.d - il further enacted. That the airc
I, teTr chosen in pursuance Of the hrst section
this act shall 40 soon rs may be amer their els
n ton, elect from their own number president al
= vice president. aud said board Of directors shS
!. from time TO time, and so soon as may b az
= their election, choose treasurer aud sser.tsr
which shall hold their Offices at the " III and plea
= nre of the board Of directors. The treasurer 81
secretary shalt give such bonds, 18th sseh seeui
" the ssid b0aFi from time to time may requil
: The secretary shall. before entering upon his du
= be sworn 10 this faithful discharge thereof, Al
a said oath shall be made matter Of record up
|. | tbs hooks Of said corporation. No Esrson shl
be a director Of said company unless be shall "
- stock holder, and qualified TO vote for directors
= | the election At which he shall be chosen.
= Sec is. And Be Il farther enacted, That the prt
dent vios- president and directors shall hold ths
"a Offices for the period indicated in the bylaws
= said company, not exceeding three years, Tssp-
lively, and until others are chosen IN their plal
e and qualified. In case 10 shall 20 happen that
= el elton Of directors shall not be made any q
- appointed By the by laws OF said company, 4
=, eorparSson shall nos for that excuse be deemed
= be dissolved, but such election may b. holden
" any day which may be appointed by the director
Tn. directors, Of whom saves, including the Prs
er tent, shall Be- a quorum for the trAnszstisn
III business, shall have full power TO make snd pl
an scribe such bylaws, rules. and acquisitions,
be they shall deem ueedfui and proper, touching :
81 disposition and management Of the sock, props
n estate, and Effects Of the compaH =. the trans
y Of shares, the duties and conduct Of tkeir one
ph and servants touching the slsst And meeting
II, be directors, and all matters whatsoever VII
- NAV Appertain ~ the concerns Of saii compaa
and the said board Of directors may have fell 20
I'D to I'll snv vacancy vacancies tn may cur f.
10 any cause or from time Il time in their
he hoard And the SAID board of dtrretor- shall hs
te power 70 appoint sHeh engineers, agents, and 81
rs ordiaatss as may from time to tims be nsaesss
e. tocarry into effect the object Of the company a
al to do all aud things touching the loe2ton
IL construction Of said road.
Is SEC. }6. AID be = further enacted, That il 81
IS be lawful for the directors 4 the said company
"a Out payment cf the sum Of ten per cent?
Hs cssh assessment upon all subscriptions received
~ all subscribers, aud the balance thereof 81 81