Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-06-15

the value IN -r,ot II the road had no be-" butt
aud upon return into court OF such ppprase- r
m Mt, ani upon the plyment 10 Ee orrk thereof
Of the amount 20 awarded By the comm sono .
for the use and beneat the ow or thereof said |
premises shall be deemed 20 be taken by sad |
company, which shah thereby require null title !
to the same for the purpose atorrsad And /
either party feeling aggreyed by SAID as tsS- /
m Mt may, within thirty days, ii an appeal /
therrtrom, and demand "a jury OF Twelve men o |
esuma'e the damages sustalnydi but ~ h appeal !
shall not inierter With the righ's of said COM !
Pany TO enter upon the premises taken ny 70 do |
any act necessary In the construction OF its road
And sad party appealing hall give bonds, with |
suih Arnt surety or sureuts, Tor the payment OF
any cost, that may sri,e upon such appeal, And |
| IN oes4 the party appealing does mt OAtaln !
| more favorable verdict, ~ h party shall pay the
| whole cost incurred by the sppelee as veil as
ITS own, Ana the payment into court tor tho
| use Of the ownNr or amRnt Of sum Equal 20
that finally awarded shall De held TO vest in said
company the title Of said land, and the right 10
| use AMI occupy the same 'or the oonsTu ton,
maintaining, and operating of the road OF said
| company. And 10 case any Of the lands 70 be
taxi as aforesaid shall be heldby any person re-
| siding without the Territory or subj act 10 any
| legal dsabt ity, the court may appoint u proper
person, who shall give bonds, sih sufficient sur
ETY. or sureNes, for the faithful execution Of his
| trust, ana who may represent in Q nurt the p+T
| son d squalihe or absent, as Aforesaid VIII. II the
sans proceeding shall be had in reicreuc TO the
| appcaisement of the premises TO be taken and
| win the same eUeGl as nave been already dtS-
| orihed. And the title OF the company 70 the
! land taken by virtue of this act sha ii not be
affect nor impai red by reason Of any failure by
any guardian TO discharge ia thtul his trust.
And IN case it shall be necessary for either of
| the said companies to enter uEon lands which
| are unOoupied, aud Of viii h ere is no appar.
| emit owner or claimant, il may r caet to Ake
and use the same for the purpose of its I'D raj.
| road, ana may lnsHtate proc 'edings in manner
described for the urpose of ascertainiug the value
| OF, AMI aclulrlnga title to, the same; and the
cour may de'erm ne the hind Of notice to be
| served on such owner or owners, and may, in its
discretion, appoint an agent or guardian % re -
resent such owner or owners in case OF bis or
their lncauaclti or non-appearauce. But in
case no claimant shall appear within six years
from the time of the opening Of SAID road acro's
| au, land, all claim to damages against said com
pany shall be barred Ii slall c competent Tor
! the legal guardian OF any infant or any other
person under guardtanship to agree With the
| proper companv as 70 do damages sustained by
| reasoa of the taxing OF any lads Of a'y such
person under disability, a. fore said. for he
| as aforesaid and upon such agreem mt being
made, aud approved by the court having super
| vi ION Of the official acts of said guard an, the
said guardian shall have full poeer to make and
execute a conveyance thereof to The said ,ompany
which shall vest the title thereto in the sad
company.
&c. 4. And be Il further enacted. That sect on
three of 9aid act be hereby amended by striking
out t .e word 'fve,n where the same occuJs in
SAID elton, and by in serting in lieu thereof the
| WOrl 'tens' ana DY Striking Ut III" WoEl Ten,
where the sam. occurs 10 sad section, and IN
sertnS IN lieu tn reof the word twenty And
section seve0 of said act is hereby amen led by
striking gu: the word fifteen, where the SAM
occur, in said section, and insert g ir Ii Il
thereof the word twenty five. AID the term
"minera lamb whoever the same occurs in
tn act, aud the &C. TO shlch this is an amend
man., shall not be continued to include coal
and iron and. And any lands granted ~ this
act, or the ac. to which this Is an amendment
shal not defeat or impair any preemouon' home
stead swamp and, or 9th lawful Slain, nor
| include a Y government reservation or mineral
| land, or the improvements OF any bona Tie
| settler on any lands rerturned and denominated
| as mineral lanis, and the timber Necessary to
support his said improv msnts as a mlrer or
| agricu'tur lis, TO b. a>Certained under such
III es AS have been OF may b. est bished by the
! Commissioner of the General LHnd Office, IN
conformity with the provisions of he pre-em0t-
ion laws: Prorided That TIE quanT'y thus ex-
empte by the operation Of this &C. $ an amend
ment sh II not eX ,eet Ona hundred and sixty
acres for each settler who claims AS an agTCul-
turl list and such guam ity for etct settler who
claims s a m ner, as the said Commits Toner may
est4bi h by general regulation ;PT0rIdfd dtS0,
That the phrast' but wher. the me- sh, con-
tai timber, the tImbr III room IS hereby Rran' ed
TO said ON 7aUy" in the preyiso ~ said section
! three, shall not Apply to the TIMBER erow ng or
| beug oi, any and farther than tn mi es from
the center / - Of any one Of sad rtads 'r HncheS
m ntfpued D.. "a d &C. or in this act An al
| Ia uhail be ex lLded from the operation Of
this at, AMI of the ct t. which this / an
amendm n. which whe e located or elected to
be ttel under the Provisions OF an act en-
titled An act donating lands 70 IN" ,eVer4
Sta"s and T"Trltore' "hich may qr9y'oe col
leg Tor the beuef' OF agriculture and - M .
chtl arts, approved July ~econd, eighteen
| hundred anu sIXty-twO, md notice 'bereoi gwen
L the proper l. nj otii:e.
SEC. And bsn further enacted That the
time tor des geatinz the general rout of "a d rail
road, IN of fling the ma of the same, ard tGe
TOR he 9Ipeton o. taat P RtlFd s &c o. each
connt'V. he Syo4 - SINE $ hereby, exten led
comp '.y' Pa tSs TIM in said act dfsiaated
80 enat the entral Pacific Ra lrOad Company
| of California shall ba required to complete
twenty-five miles OF Their said road in each year
thereafter and The whole TO the State ine within
| I ur Years and that only one -panes shalt be re-
qure to be applied 10 the pay meut Of the Dor d'
issued ~ the government in aid of the construct
ion of SAID road
| SIC. 6. And be ii furths, enacted, That the
proviso to section four Of said act is hereby mod
flied as follows viz: And the President of the
United States is hereby authoriz ID, at any time
after the passage of this act to appoint for each
and every of said roads three commissioners, as
provided for in tnf tn which this act Is amen
| dstOry; and the yer fed statement of he prGs-
| dent Of the California company, required by
| sad Sc stiOn four, hall te in thefhed office o
! the United states surveyo general TOR the state
of Gallo MIA, instead of be ng presented 10 the
| President of the United States and the said sur
| vcyor general shall thereupon tity the sane
| commissioners Of the fling of sucn statement, and
|
| to examine the portion OF said railroad and tele
| graph inc so completed, and make tn ir report
thereon TO he President OF thu Unite S,ates, a.
provided by the act of which this is amendatory
| And such statement may be field and such rail
| road and telegraph line be exam ned and reported
| on by the said commissioners, and the requisite
amount of bonds may be issued, an the lands
| Bpper aiming thereto may be set apart loca ed,
entered, and patented, as provided in this act
and the act to which this is amendatory, upon
the construction by said railroad company Of
| California of any portion not less than twenty
| consecutive miles of their said railroad and
telegraph line, upon the certificate of said com
missoners that such portion is completed as re
CURED by the act to which this is amendatory
And section ten of the act of which this is amen
datory is here1y amended by inserting af er the
words Omitted States" in the last clause, the
words ''and States Intervening"
SEC. 2. And be ii further enacted That sc
| MUNICH of section seventeen of said act as pro-
| vldes for reservation by the government of q
| pof ton of the bonds TO be issued to aud in the
| constructions of the SAID railroads is hereby re
peAled And the failue of any one company tc
| comply fully with the conditions and require
| ments of this act, or The act to which this il
| amendatory, shall not work a forfeiture Of the
rights, privileges, franchise of any other COM
pany or companies that shall have complied with
| the same.
| L.. 90,