, 1864-10-03

If the road had not been built. And upon
return into court Of such appraisement, and
upon the payment int the same Of the
estimated value of the premises taken for
the use and benefit Of the owner thereof,
said premises shall be leer.sd to be taken
by said company, which sail hereby acquire
full title tothe Same for the purposes afore-
said. And either party feeling aggrieved
at said appraisement may, within thirty
days after the same has been returned into
court. file an appeal therefrOm, and demand
a jury Of twelve men to estimate the damage
sustained; but such appeal shall not inter-
fere with the rights Of said company to
enter upon the premises takeL, or to do any
act necessary aud proper in theeonstruction
of its road. And said party appealing shall
give bonds, with sufficient surctyor surcties,
for the payment Of any cost that may arise
upon such appeal; and in case the party
appealing does not obtain verdict, increas-
ing or diminishing, as the case may he, the
award of the commissioners, such party
shall pay the whole cost incurred by the
appellee, as well 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 COM
pany the title of said land, and Of the right
to use and occupy the same for the con-
struction, 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 Ter.
ritory within which the lands to be taken
lie, or persons subjected to any legal disa-
bility, the court may appoint a guardian
for any party under any disqualification, to
appear in proper person, who shall give
bonds, with sufficient surety or sureties, for
the proper and faithful execution of his
trust, and who may represent in court the
person disqualified, as aforesaid, from ap-
pearing, when the same proceedings shall
be had in reference to the appraiscment Of
the premises to be taken for the use Of said
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 OF impaired by
reason of any failure by any guardian to
discharge faithfully bis trust. And in ease
any party shall have right or claim to any
land for term Of years, or any interest
therein, in possession, reyersiOn, or remain
der, the value Of any such estate, less than
q fee simple, shall be estimatcd and deter
mined in the manner hereiubciOrc set forth.
And in ease it shall lie necessary for the
company to enter upon any lands which are
unoecut led, aud Il which there is no appa-
rent owner or claimant, it may proceed to
take and use the same for the purposes Of
said railroad, and may institute proceedings,
in manner described, for the purpose Of as-
certaining the value Of, and Of acquiring
title to, the same; but the judge Of the
court hearing said suit shall determine the
kind Of notice to be served on such owner
or owners, and he may in his discretion ap-
point au agent or guardian to represent such
owner or owners in case Of his or their in-
capacity or nOn.appCarauee. But in case no
claimant shall appear within six years from
the time Of the opening Of said road across
any land, all claims to damages against said
company shall be barred
Sec. 8. And Dc IL further enacted, That
each and every grant, right, and privilege
herein are SO made and given to, and ac-
cepted by, said Northern Pacific Railroad
Company, 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
the President, and shall complete not less
than fifty miles per 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 sevcnty-six.
Sec. o. Aud Be IL further enacted, That
the United States make the several condi-
toned grants herein, and that the said
Northern Pacific Railroad Company accept
the same, upon tho further condition that
if the said company make any breach Of
the conditions hereof, and allow the same
to continue 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 needfal
and necessary 10 insure speedy completion
Of the said road. 41
Sec. 10. Aad Be Il .farkisr enacted, That
all people Of the United States shall have
the right to subscribe to the stock Of the
Northern Pacific Railroad Company until
the whole capital named in this act Of in
corporation is taken up, BY complying with
the terms Of subscription; and no mortgage
or construction bonds shall ever be issued
by said company on said road, or mortgage
or lien made in any way, except by the con-
sent of the Congress Of the United States.
See. IL. And be IL further en- 1cted, That
said Northern Pacific railroad, or any part
thereof, shall be post route and military
road, subject to the use Of the United States,
for postal, military, naval, and all other
Government service, and also subject tosuch
regulations us Congress may impose restrict
ing the charges for such Government trans
portation.
Sec. IL. And Je IL further eaac:ed, That
the acceptance Of the terms, conditions, and
impositions Of this act by the said Northern
Pacific Railroad Company shall be signifcd
in writing under the corporate seal Of said
company, duly executed pursuant to the
direction Of its board of directors first had
and obtained, which acceptance shall be
made within two years after the passage Of
this act, and not afterwards, and shall be
served on the President Of the United
States. tt
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