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

necessary damage; ana when the said route
shall be determined by said company, it shall
be lawful for them, their agents, officers, en-
gineers, contractors and servants, to enter
upon, take possession and use such land, not
exceeding two hundred feet In width along the
line of said route, subject however, to the paw
ment of such compensation as the COMPANY
may agree to pay therefor, or such damages as
shall be ascertained in the manner hereinafter
directed and provided in such cases: and said
company are further authorized by their off,
GERS, engineers, agents and servants to enter
upon and take possession of aud use land adja-
cent to the railroad within or beyond the lin
Its OF two hundred feet, in the manner prOvid-
ed ia this act, when necessary for the purpose
OF erecting depot buildings, station houses, and
necessary fixtures for the operation and bus
mess of said road, and for the purpose of max
ing drains. and giving proper direction to wa
ter courses, across or along said road and to
remove all substances and things which may
endanger, Obstruct, or interfere with the free
use of said road, and to deposit gravel or earth
taken from deep. cuts, and 10 OBTAIN earth,
gravel and other materials Tor embankments
and structures necessary for the construction
and repairs of said road doing no unnecessary
damage; and all damages arising in any case
under the provisions of this act, shall be ascer-
tanned and paid in the manner and agreeably to
the provisions hereinafter contained, and when
such damages shall have been paid, rendered
or deposited as hereinafter provided, the right
to the absolute and exclusive use and control
of the land SO entered upon as aforesaid shall
vest in said company for the purposes specified
in this act, the charter of said company or any
amendments thereto. Whenever the line
of said railroad, or any part thereof, shall be
located and its route determined, the said COM
pany may apply to the Supreme Court in ses-
sion, or any judge thereof in vacation, or the
District Court of the district in which the re-
quired land is situated, in session, or the Judge
thereof in vacation, for the appointment OF
three commissioners to estimate the damages
sustained in respect to any and all lands which
have not been, or shall not be granted or given
to said company, situated on or adjacent to
the line of said railroad and branches or any
part thereof, and designated In such applica-
ton, and which the said company shall have
entered upon, possessed occupied or used or
which it may thereafter enter upon, take, pos.
sess, occupy or use, for any of the purposes
for which by this act the said company is all-
thorized to enter upon, take, possess, occupy
or use lands, by reason of the appropriation
thereof for saio purposes, deducting from said
damages the special benefits and advantages
which said lands have received. or will receive
by reason of the location or construction of
said railroad and works. The said COM
pany shall give notice of its intention
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 county, then in
a newspaper published in the city of St. Paul,
and upon an affidavit of the publication of the
same the Court or judge to whom the applca-
ton shall be made, shall appoint three Com
missioners who shall have cognizance of all
cases, on or adjacent to the line or route of
said railroad and branches, or any division or
part thereof, which shall be designated by said
company in such application. In case either
cline to act, another Commissioner shall be ap-
pointed in his stead in like manner and ON like
notice as aforesaid. The said Commissioners
may, as the exigencies of any case or the con-
venience of the parties, or of themselves may
require, adjourn from time. to time, and to
such place as they may deem advisable No
proceedings shall be had by the said Commits.
siOns, unless two-thirds of them be present,
except to adjourn; but all questions coming
before them shall be decided by majority,
and report of q majority shall be valid. Said
Commissioners shall proceed to examine the
premises in each case separately, and shall as
sess the damages in respect to each lot, tract
or parcel of land separately and as an entirety
and shall not be required 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 residents
of the State, of at least ten days in the manner
required by law for the service of summons in
civil actions, and in case the same are school
lands, to the Commissioner of the State Land
Office, and in case the same are University
lands, to said Commissioner, or the Secretary
of the Board of Regents of the State Univer-
sity, and whenever it stall appear to said Com
pany or its officers, that the title 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 officers or agents,
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 coumis-
siOners, the notice may be. by publication as
herein provided in respect to the notice of ap-
plication to appoint Commissioners, proof of
service shall be by affidavit and filed with the
report of the Commissioners when made. At
ter making such examination the Commission
ers or q majority of them, shall make re-
port of their doings, in which shall be stated
separately their award of damages in respect
to each lot, tract or parcel of the lands so en-
tered upon, taken, possessed, occupied or used
by said Company, by reason OF the apprOpria-
ton thereof, for any of the purposes aforesaid,
at the time when the same was SO entered up
on and TAKEN and shall deliver one copy of
their report or reports in each case to said
Company, and shall file another in the Office of
the Clerk OF the District Court OF the county
in which such lands may lie or of the county
to which such county shall be attached for ju-
dicial purposes, and if neither party shall APP
peal from said award in the manner hereinaf-
ter provided, the said District Court, on mo-
ton in behalf of said Company or of the pasty
in whose favor the award shall be made, shall
enter up Judgment in conformity with such
award
If upon such motion it shall be made to APP
pear by affidavit or otherwise, that there are
any membranes, or liens upon the property
which is the subject of the award, or that there
are any conflicting or adverse claimants in re-
spect thereto or in respect to the damages SO
awarded, or that any other reason exists, req.
derlng it doubtful as to whom said damages
should be paid, the Court shall order the amount
thereof to be paid into the Court and deposited
as IL may direct subject to the disposition of
the Court upon the application of the parties
or any OF them claiming the same; which order
shaii also be Incorporated in the judgment.
SAID judgment may be docketed and satisfied
as against said Company in the same manner
as judgments in civil actions are docketed and
satlsfled and a copy of said judgment certified
by the clerk OF the said Court with his certfi-
cate that the same has been satisfied as against
said Company, shall be evidence of the title of
said company to the lands therein described in
all the Courts of this State, and the same NAV
be recorded in the Office of the Register of
Deeds of said county in the same manner and