, 1864-10-17

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purpose Of excavation or embankment;
and also any lands or premises that may be
necessary and proper for turnouts, standing
places for cars, depots, station house[s,l or
any other structures required in the CON
s.ruction and operating Of said road. And
each Of said companies shall have the right
to cut and remove trees or other materials
that might by falling cucumber its road.brd,
though standing or being more than one
hundred feet therefrOm. And in case the
owner or claimant of such lands or prem
iscs and such company cannot agree AZ to
the damages, the amount shall he deter
mined by the appraisal Of three disinteres'-
ed commissioners who may be appointed
upon application by any party to any
Judge Of q court Of record in any OF the
Territories in which the lands or premises
TO be taken lie; and said commissioners, in
their assessments Of damages, shall appraise
such premises at what would have been
the value thereof il the road had not been
built; and upon return into court Of such
appraisement, and upon the pay mentto the
eie,k thereof Of the amount 50 awarded by
the commissioners for the use and benefit
of tho owner thereof said premises shall be
deemed " be taken by said company, which
shall thereby acquire full title to the same
for tho purposes aforesaid. And either
party feeling aggrioved by said assessment
may, within thirty days, file an appeal
theIefrom, and demand jury Of twelve
men to estimate the damage sustained; 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 suili-
cient surety or sureties, for the payment Of
any costs that may arise upon such appeal.
And in case the party appealing does not
obtain more favorable verdict such party
shall pay the whole cost incurred by the
appellee as well as its own. And the pay
mcnt into court for the use Of tho owner or
claimant OF o sum equal to that finally
awarded shall DO held to vest in said com
pany tho title of said land, and the right to
use and occupy the same for tho coustruc-
tion, maintaining, and operating Of the road
of said company. And in case any Of the
lands to be taken rs aforesaid shall be
held by any person residing without the
Territory or subject TO any legal disabili-
ty, the court may appoint proper per-
son, who shall give bonds with sufficient
surety or suretics for the faithful execu-
tion Of his trust, and who may repre-
sent in court the person disqualified or alb
sent as aforesaid, when the same proceeding
shall be had In reference to the appraise.
ment Of the premises to be taken and with
the same effect as have been already de-
scribed. And the title Of the company to
the land takcu by virtue Of this act shall
be not affected nor impaired by reason
Of any failure by any guardian to dis
charge faithfully his trust. Aud in case
It shall be necessary for either Of the said
companies TO enter upon lands which are
unoccupied, and Of which there Is no appa-
rent owner OF claimant, it may proceed TO
take and use the same for the purpose of
its said railroad, and may institute proceed.
ings in manner described for the purpose
Of ascertaining the value Of and acquiring
title to the same; and the court may de-
termine the kind Of notice to be served on
such owner or owners In case Of his or their
incapacity or non-appearance. But In case
no claimant shall appear within six years
from the time Of the opening Of said road
acrossany land, all claim to damages against
said company shall be barred. II shall be
competent for the legal guardian Of any in
fantorany othor person under guardianship
to agree with the proper company rs to to
damages sustained by reason OF the takingoi
any lands Of any suchperson under disabili.
", as aforesaid, for the use asaforesaid; and
upon such agreement being made, aud ap-
proved BY the court having supervision Of
the official acts Of said guardian, the said
guardian shall have full power to make and
S.ecute q conveyance thereof to the said
company, which shall vest tho title thereto
in the said company.
Sec. 4. Aad Be Il further endeied, That
section three Of said act be hereby amend
Cd BY striking out tho word "iive," where
the same occurs In said section, and by in
sersing In lieu thereof the word "ten;" and
BY striking out tho word "ten," where the
same occuis in said section, and inserting
in lieu thereof tho word stwenty." And
section seven Of said act Is hereby amended
by striking out the word alifteen," where
the same occurs in said section, and insert
ing In lieu thereof the word atwenty y-iive. "
And che term mineral land" wherever
tho same occurs In this act. and the act to
which thisis al, amendment, shall not be con-
strued to include coal and iron land. And
any lands granted by this act, or the act to
which this Is an amendment, shall not de-
feat or impair any presumption, homestead,
swamp land. or other lawful claim, nor in
clnde any Government reservation or miu-
eral lands, or the improvements Of any
bona fde settler on any lands returned and
denominated as mineral lands, and the tim
Der necessary TO support his said improve
mants as miner or agriculturahst, to be
ascertained under such rules as have been
or may be established by the Commissioner
Of The. General Land Office, in conformity
with the provisions of the presumption
laws; Provided, That the quantity thus
exempted by the operation Of this act, and
the act to which this act Is an amendment,
shall not exceed one hundred and sixty
acres for each settler who claims 70 be an
agriculturaist; and such quantity for each
settler who claims as q miner, as the said
commissioner may yIestablish BY generalIegu-
lation: PROVIDED, also, That the phrase
u huf ,rharo tho 90 me- ehall contain fin,hor