Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-09-13

previously paid by the then existing
stockholders. The said company shall
make assessments upon its stockholders
of not less than five dollars per share,
and at intervals of not exceeding six
months from and after the passa. @ of this
act, until the par value of all shares sub
scribed shall be fully paid; any money
only shall be receivable for any such as
sessment, or as equivalents for any por-
ton of the capital stock hereinbefore au-
thoriZed. The capital stock of said COM
pany shall not be increased beyond the
actual cost of said road. And the stock
of the company shall be deemed personal
property, and shall be transferable on the
books of the company, at the general of,
fee of said company in the city of New
York, or at such other transfer Office as
the company may establish. l
SEC 8. And be it further enacted, That
the Union Pacific Railroad Company, and
all other companies provided for in this
act and the act to which this is an amend
ment be, and hereby are empowered to
enter upon, purchase, take, and hold any
lands or premises that may be necessary
and proper for the construction and work
ing of said road, not exceeding in width
one hundred feet on each side of its CEN
ter line, unless a greater width be re-
quired for the purpose of excavation or
embankment; and also any lands or premi-
seS that may be necessary and proper for
turnouts, standing places for cars, depots,
station housed 81 or any other structures
required in the construction and opera
ting of said road. And each ofsaid COM
panies shall have the right to cut and re-
move trees or other materials that might
by falling cucumber its road-bed, though
standing or being more than one hundred
feet therefrom. And in case the owner
or claimant of such lands or premises and
lsuch company cannot agree sto the dam
ages, 1.-THE amount shall be determined by
the appraisal of three disinterested COM
missioners who may be appointed upon
application by any party to any judge OF
court of record in any of the Territories
in which the lands or premises to be taken
lie; and said commissioners, in their as
sessments of damages, shall appraise such
premises at what would have been the
value thereof if the road had not been
built; and upon return into court of such
appraisement, and upon the payment to
the clerk thereof of the amount so award
ed by the commissioners for the use and
benefit of,the owner thereof said premi-
ses shall be deemed to be taken by said
company, which shall thereby acquire full
title to the same for the purpose aforesaid.
And either party feeling aggrieved by said
assessment may, within thirty days, file an
appeal therefrom and demand jury OF
twelve men to estimate the damage sus-
tanned; but such appeal shall not interfere
with the rights of said company to enter
upon the premises taken, or to do any act
necessary in the construction of its road.
And said party appealing shall give bonds,
with sufficient surety or sureties, for the
payment of any costs that may arise upon
such appeal. And in case the party APP
pealing does not obtain more favorable
verdict such party shall pay the whole
cost incurred by the appellee as we'll as
Its own. And the payment into court for
the use of the owner or claimant of a sum
equal to that finally awarded shall be held
to vest in said company the title of said
land, and the right to use and occupy the
same for the construction, maintaining,
and operating of the road of said compa'
ny. And in case any of the lands to be
taken as aforesaid shall be held by any
person residing without the Territory OF
subject to any legal disability, the court
may appointa proper person., who shall
give bonds with sufficient surety or sure
ties for the faithful execution of his trust,
and who may represent in court the per
son disqualified or absent as aforesaid,
when the same proceeding shall be had
in reference to the appraisement OF the
premises to be taken and with the same
effect as have been already prescribed
And the title of the company to the land
taken by virtue of this act shall not be af.
fected nor impaired by reason of any fail
ure by any guardian to discharge faithful
| ly his trust. And in case it shall be ne
cessary for either Of the said companies to
enter upon lands which are unoccupied,
and of which there is no apparent owner
or claimant, it may proceed to take and
use the same for the purpose of its said
railroad, and may institute proceedings
in manner described for the purpose OF
ascertaining the value of and acquiring
a title to the same; and the court may
determine the kind of notice to be served
on such owner or owners, and may in its
discretion appoint an agent or guardian
| to represent such owner or owners in case
of his or their incapacity or non-appear-
4 ance. But in case no claimant shall APP
pear within six years from the time OF
the opening ofsaid road across any land,
all claim to damages against said compa-
ny shall be barred. 1t shall be compe-
tent for the legal guardian of any infant
or any other person under guardianship
to agree with the proper company as to
[tol damages sustained by the taking OF
any lands of any such person under disa-
bility, as aforesaid, for the use as afore-
said; and upon such agreement being
made, and approved by the court having
supervision ofthe official acts of said guar
dian, the said guardian shall have full
power to make and execute conveyance
thereof to the said company, which shall
vest the title thereto in the said company.
SEC. A. And be it further enacted, That
section three of said act be hereby amend
ed by striking out the word ''five," where
the same occurs in said section, and by
inserting in lieu thereof the word "ten;"