Delaware State journal and statesman., 1865-01-31
Official.
LAWS OF THE UNITED STATES.
Passed at The FRS, Session Of he thirty h9dH
Congress.
GPuBLro-No. 1856. ]

PuBLIO-No. lSb.
AN ACT to amend an act entitled IAN act to aid
in the construction of a railroad md telegraph
line from the Missouri river to the PaciiJ
ocean, and to secure TO the Government the
use of the same for postal military and other
PURPOSES" approved July first, eighteen hun
dred and sixty two.
BE it enacted by the Senate aud House Of Re-
presentatives of the United States Of America il
Congress assembled, That the capital etoek o.
the company entitled the Union Pacific Bnlroqq
Company, authorized by the act Of which this
act Is amepdatory, shall be in shares OF QUE
hundred dollars, instead Of one thousand dollars
each that the number Of shares shRll he one
million, instead of one hundred thousand; md
that the number Of shares which any person
shall hold 10 entile him to serve as q director
in said company Except the five directors to b.
appointed by Government) shall be fifty shares,
instead Of five shares; and that every subs3ri
Der to said capital stock for ench share OF Gus
thousand dollars heretofore subscribed, shall be
entitled to certificate for ten shares OF one hun
dred dollars each and that the following words
in section first Of said act; (which shall be
subscribed for and held in not more than tEo
hundred shares BY any one person." DO aud the
same are hereby repealed.
Sec. 2. And be ii further enacted, That the
Union Pacific Railroad Company shall cause
books 10 be kept open to receive subscriptions
to the capital stock of said company (until tho
entire capital Of enc hundred millions Of dollars
shall be subscIibed,) at the general of1eo Of said
company in the city OF New York, and in each
Of the cities of Boston, Philadelphia, Baltimore,
Chicago Cincinnati and st. Louie, at suoh places
as may be designated by the President OF tho
United States, and in such other localities as
may be directed by him. No subscription for
said stock shall be deemed valid unless the cub
ertherefor shall, at the tims of subscribing,
4 .oF affrr
an amount per share subscribed by him equal
to the amount per share previously paid by the
then existing stockholders. The said company
shall make assessments upon its stockholders Of
not less than Eve dollars per share, and at in.
tervals Of not exceeding six mouths from and
after the passage OF this act, until the par value
Of all shares subscribed shall be fully paid sud
money only shall be receivable for any such as
| sensment, or as equivalents for any portion OF
tho capital stock hereinbefore authorized. The
capital stock Of raid company shall not be n-
creased beyond the actual cost Of said road.--
And the slock of tho company shall be deemed
personal property, AMI shall be transferable on
the books Of the company, OF the general oihce
Of said company in the city Of Now York, or at
such other transfer Office the company may
establish.
Sec. o. And be it further enacted, That tho
Union Pacific Railroad Company and all other
\ companies proved for in this act and the act 70
\ which this is an amendment, be and hereby are
empowered to enter upon, purchase, take mud
1 hold any lands or premises that may be nenes-
sary and proper for the construction aud work.
ing Of said road, not exceeding in width one
hundred feet on each side Of its centre line uu-
less a greater width be required for the purpose
Of excavation or embankment; and also my
lands or premises that may be necessary and
proper for turnouts, standing places for cars,
depots, station houseIsl or any other structures
required in the construction and operating Of
said road. Aud each Of said companies shall
have the right to cut and remove trees or other
materials that might by falling cncuulber its
I road bed, though standing or being more than
\ one hundred rect tnereirom hnd IL eHnV INC
owner or claimant Of such lands or premises aud
suoh company cannot agree as to the damages,
I the amount shall be determined by the appraisal
Of three disinterested commissioners who may
be appointed upon application by any party to
| any Judge Of court Of record in any Of tho Iers
1 ritories in which the lands or premises to be
taken lie and said commissioners, in their az
sessmentg Of damages, Hhall appraiss such pre-
misses at what would have been the value there
! of if the road had not been built; and upon re-
turn into court of such appraisemeDt, nnd upon
. the payment TO the clerk thereof OF the amount
, so awarded by the commissioners for the use
and bspeft of the owner thereof said premises
shall he deemed to be taken by said company,
which shall thereby acquire full title to the same
for tho purposes aforesaid. Aud either party
feeling aggrieVed by said assessment may within
thirty days file an appeal therefroln, and demand
Jury of twelve men to estimate the damage
Z SUSTAINED : but such appeal shall not interfere
With the rights Of said company TO Onter upon
the premises taken, or to do any act necessary
in the construction Of it's road. And said party
appealing shall give bonds With sufficient surrey
or Hureties for the payment Of any costs that
may arise upon such appeal. And in case the
! lin, n MIR fnv
:. Bile verdict such party shall pay the whole ccsl
incurred by the appellee as well as lib own -
And the payment into court for the use Of the
owner or claimant Of sum equal to that finally
a Warded shall be held to vest in said oompsny
Il 10 title of said land, and the right to uss and
ot .oupy the same for the construction, maintain
I'M : and operating Of the rond Of said company.
An a in case any of the lands to be taken as
sfOl -esRid shall be held by any person residing
with out the Territory or subject to any legal
disat ility, the court may appout proper per-
son, who shall give bonds with sufficient surety
or sur eties for the faithful execution Of his trust
| and Th may represent in court the person dis
qualified or absent as aforesaid when the sOmo
prOceedi ng shall BIO had in reference TO the ap-
! praisement Of the premises 10 be taken and with
! The same effect as have been already described
And the title Of the company to the land token by
virtue of this act shall not be affected nor in-
paired by reason of any failure by any guardian
10 discharge faithfully his trust. And in case
il shall be necessary for either Of the said com.
panies to enter upon lands which are uuoccupied,
and Of which there is no apparent owner or
claimant il may proceed to tako and use tie
same for the purpose of it's said railroad, and
may institute proceedings in manner described
| for the purpose Of ascertaining the value Of aud
aeauiring tito to tue samei and the court
NAV determine the kind of notice to be served
on such owner or owners, and may in its discro-
tion appoint an agent OF guardian to represent
such owner or owners in case of his or their
inoapacty or non-appearanee. But in case no
claimant shall appear within six years FROM the
time OF tho opening of said road across any land,
/, all claim to damages against said company shall
. he barred II shall be competent for the Cgal
guardian Of any infant of any other person under
Guardianship 10 agree with the proper company
as TO 10 damage sustained by reason Of tho tax
ing of any lands Of any such person under disa-
biiity as aforesaid, for the use as aforesaid aud
upon such agreement being nade and approved
by the court having supervision Of tue official
acts Of said guardian, the said guardian shsll
have full power to make and execute a convey
ance thereof to the said company, which shall
vest the title thereto in the said company
Sec. a. Aud be it further enacted, That sec
tion three OF said act be hereby amended by
striking out the word "Gve," where the same
occurs in said section, aud by inserting in
lien thereof the word - ter :" and by striking
/ out the word 'ten," where the same occurs in
said section and inserting in lieu thereof the
word twenty" And section seven Of said act
Is hereby amended by striking out the word
.sffteenh where the same occurs in said seq
tiop, aud inserting in lien thereof the word
at twenty five." And the term mineral land"
wherever the same occurs in this act and the