The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-04-08


route e I'D yailxnaA. donR. thereto no mn.
necessary damage and when the aid routa
ahall be determined By eold comuany. Il ahaIl
Be lawful for them. fheir aronts. of8cera. en-
gineofG sco6trantorS ana i6fvants. ia enter
upon, take poose66l0n ana use such land. not
exceeding 3W0 hundred fS6t IN width alo,,r the
ment of such coinpeSsatien = stie cOmnanv
may agree to nav therefor or such damaces a
shall Be asceftoined IA the manner hafsinafter
directed and provided in such cases !. and aid
company are further authorized Nv their OIL
cers. engineers. agents and seryants ia entar
cent to the railroad Within Or bevond the linn
its Of two hundred feet. ia the manner proyid-
ed In this act when neceessrv for the purpose
of erecting denot hnildinca station honees. and
necessary fixtnres for Ina operation and bus
ineas Of said road and FIR the nurnose of maxi
iDe drains. and GIVING proper direction to wa
ter courses. across ar along saId road and to
remove ali snhstsnces and thines which NAV
endanoer. ohstrnct. or interfere with the free
rsa of said rfad ana to der,osit gravel or earth
taher from deem cuts. and 10 obtain earth.
gravel and other naterials for embankments
and strnctnres neceesary. for the construction
srS rs,,a;rs IF said road doing no mnnecessarv
da,csge and Al DAMAGES ar3sinr in anv case
nndar the nrovisions az this act shall he sscer.
ts;red and nsid IN the manner and aoreeahIv tn
tha harsra cos,ta;ad and ~
sn ,c dsmaoes shalI have haen Maid tardared
~ 81 a. haro;roftar ,,-o!da5 tha r;,rnt
to the ahsoInte and exclusive nse and control
~ shs Io,,S 81 e,,te,ed ma, sssa..,S ss,oIi
vsst y, sad - th - Ssa,u Sa.,
IN this ecf the cberiar of sa;d ~, a,,,
aro an No. o tharat Mhasvap VI s HnJ
cf ss;d ,s;IroS ~ ~ ~ thore-,e st..,, ~
lncsto a, ;ts ,,ta AZ aa~,,,ad tSa .e;5 80,
nanv NAV annly to the Sunreme Conrt in ses-
Zion ~ .n Sp indoe thereof IN vscst;n,, -
n;str;ct Cont If the district IN vh;ch the 10
;sa az. UIuss s;ta e a';.l.cs ~ wn.ch Inc re-
fhereof IN IN vocat;on for the anno;ntu,ssnt 81
three Northumberland n estiata the dana ~, ~
srste,nsd IN s,aot ~ e,s,, o,,l 81 lands iSs
have not heen pr shsiI not he GRANTED o. r;ver,
- soE ccm,.nv s;tnotod ~, n. eJ;oaaS,,t =,
the line IF said raslrosd and hrsrcheS =. or ~
lion and wS;ch the said comnanv shall hs~e
entered mon 'rosseased occnpio9 or need ~
which It nav thereaffer enter mon take no :.
soee cccnry nr ,,sa for onv ~ ~. ,,-, 49,
for which X this act the sa;d com T nv es,
thorized to enter mon take possess occrnv
or nae lands. nv reasor. of fhe annronristipMn
thereof for saio purposes. deductinr from said
damages the special benefits and advantaoe2
which said Lands have received. or will receive
by reason of the location or constrnction If
said railroad and works. The said cnm-
pany shall give notice of its intention
to apply for the appointment of such COM
missioners. by publishing the same once In
each week for four successive weeks before the
time of hearing such application. in at least
one newspaper published in the county in
which such land shall be but in case no news
paper be published in any such comfy then in
q newspaper published in the CITY of St. PAM.
and upon an affidavit Of the publication of the
same the Court or Judge to whom the applica-
ton shall be made, shall appoint three Com
cases, on or adjacent to the line or route of
said railroad and branches, or any division or
part thereof which shall be DESIGNATED bv said
company in such application. IN case either
>of said Commissioned shall die. resicn or de.
cline to act another Commissioners s6all he an
pointed in his stead in like manner and on like
notice as aforesaid. The said commissioners
NAV. as the exigencies of any case or the con-
venience of the parties or of themselves NAV
reouire. adiourn from time. to time and tn
such place as they NAV deem advisable No
proceedings shalt be had bv the said Commis.
eeiops. unless two-thirds Of them he nreeent
except to adjourn but all Questions coming
before them shall be decided bv maioritv
and q report of a majority sball he valid Said
Commissioners shall proceed to examine the
premises il each case separately. and shall as
sess the damages IN RESPECT t., each lot tract
or parcel Of land separately and AZ an entirety
and shall not be reouired to apportion such
damages among the persons interested therein.
written notice thereof HAVING first been given to
the owner or owners of such lands If RESIDENT
of the State. Of at least tel, DAYS m the manner
required bv law for the service of summons ia
civil actions. and In case the same are school
lands. to the Commissioner of the Stata Land
Once, and in case the same are Uniyersitv
lands. to said Commissioners. or the Secretary
of the Board of Regents of the State Uniyer-
sity. and whenever It stall appear to said Com
pany or its officers. that the titlc of such lands
Is in dispute. or that several parties claim adj
verse or distinct interests therein, legal or equi
table, the said Commissioners shall, upon re.
quest OF said Company, or Its omcers 0ragents,
give notice TO all persons claiming any such
interest In said land, and when the person so
to be notified has no known residence in this
State within the knowledge OF such commis-
sioners, the notice may be. ~ publication as
herein provided in respect to the notice of APP
plication TO appoint Commissioners, proof Of
service shall be by affidavit and fled with the
report of the Commissioners when made At
ter making such examination the Commission
ers, or majority of them, shall make o re-
port of their doings, in which shall be stated