Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1864-10-01

lie: and said commissioner. in their assess-
ment Of damages. shall appraise such psemis-
es a, What would have been the value thrreof
If the road had no, been built. And upon
return into court of such apWaisen~nt, and
upon the payment into the same Of the esti-
mated value Of the premises taken for the
use and benefit Of the owner thereof.
said premises shall be deemed to be taken
BY said company. which shall thereby &C.
aurv full title to the same for the purposes
aforesaid. And either party feeling aggrieved
at said appraiscmen: may. within Thirty days
after the same has been returned into court.
6le an appeal therefrom, and demand . jury
of twelve men to estimate the damages sus-
tained but such appeal shall not interfere
with the rights of said company to enter upon
the premises taken. or to do any act Necessary
and proper in the construction OF its road.
And said party appealing shall give bonds,
with sufficient surity or sureties, for the pay
ment of any cost that may arise upon such
appeal; and in case the party appealing does
not obtain verdict, increasing or diminish-
ing, as the case may be, the award Of the
commissioners, such party shall pay the
whole cost incurred by the appellee, a. we'll
as his own, and the payment into court, for
the use of the owner Of said premises taken.
of sum equal to that finally awarded, shall
be held to vest in said company the title Of
said land. and of the right to use and occupy
the same for the construction, maintenance,
and operation of said road. And in case any
of the lands to be taken, as aforesaid, shall
be held by any infant, femme covert, non
compos, insane person, or persons residing
without the Territory within which the lands
to be taken lie, or persons subjected to any
legal disability, the court may appoint
guardian for any party under any disquali-
fcation, to appear in proper person, who shall
give bonds, with sufficient surity or surities,
tor the proper and faithful execution Of his
trust, and who may represent in court THE
person disqualified, as aforesaid, from appear
ing, when the same proceedings shall be had
in referance to the appraisement Of the prem
iscs to be taken for the use 0fsaid company,
and with the same effect as has been already
described; and the title of the Company to
the lands taken by virtue Of this act shall not
be affected or impaired by reason of any fail
ure by any guardian to discharge faithfully
his trust. And in case any party shall have.
a right or claim TO any land for term Of
years. Ur any interest therein, in possession,
reversion, or remainder, the value Of any
such estate, lsss than fee simple, shall be
estimated and determined in the manner
hereinbefore set forth. And in case it shall
be necessary for the company to enter upon
any lands which are unoccupied, and ofwhich
there is no apparent owner br claimant, IL
may proceed to take and use the same for the
purposes Of said railroad, and may institute
proceedings, in manner described, for the pur-
pose Of ascertaining the value IF, and Of ac-
quiring a title to the same, but the judge of
the court hearing raid suit shall determine the
kind of notice to be served on such owner or
owners, and he may in his discretion appoint
an agent or guardian to represent such owner
or owners in case of his or their incapacity
or. non. appearance. But in case no claim
ant shall appear within six years from the
time Of the openingof said road across any
land, all claims to damages against said COM
pany shall be batfed.
Sec. 8. And be it further enacted, That
each and every grant, right, and privilege
herein are 80 made and given 10; and accept
ed by, said Northern Pacific Railroad Cons
pany. upon and subject to the following
conditions, namely: That the said company
shall commence the work on said road within
two years from the approval Of this act by
tho President, and shall complets not lees
than fifty miles pet year after the second
year. and shall construct, equip. furnish, and
complete the whole road by the fourth day Of
July, ammo Domini eighteen hundred and
seventy-six:
Sec. 9. Axd be IL fxrtAer enacted, Thnt
the United States make the several condi-
toned grants herein, and that tho said North
crn Pacific Railroad Company accept the
same, upon tho further condition that # the
sai1 company make any breach Of the con-
ditions hereof, and allow the same 70 contin-
"a for upwards of one year. then, in such
case. at any time hereafter; the United States.
by its Congress, may do any and all acts and
things which may Be ne~dfnl and necsssary
to insure = speedy completion of the said
road.
Sec. 10. Asd be It fvfley enacted. That
all people Of the United States shall have thu
right to subscribe to the stock Of The Northern
Pacific Railroad Company until the whols
capital named in til, act Of incorporation y
taken up. by complying With the terms Of
subscription; and no mostgage q construction
bonds shall ever be i>su-d by said company
on said rosd. o mcrsaeegs, % lien made IN
any way. except BY the consent of ths Goa
gre<s Of the United Sfatrs-
SEC. H. Asd h. Il fsn&ev essfe1. That
said Ncrth~rn PaeiSe railsasd. q any part
th~rcof. shall be 4 Poss route and . military
road. sshj-es TO th- NC u the taitsa Ssss~s.
for postal. military, naval and al ether Gss-
srnn<ai srrvice. and also sshjref 10 s.rh srg-
ul.sicns - Coaerrss nay i@pnss restricting
the charges fer such Gsvsrao<ut tsssaPossa.
iien.
Sec IL. As1 h Il fsnir essdsd. That
acceptance Of ths sesDA ceadisins. and i'm
7osiiions et this aet BY the cid NOsshHs