Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1865-01-26

places for car. depots. station. houses, or any
4 other structures required In the construction
and working Of sail road. And the said com
! pany shall have the right to cut and remove
trees and other material that might, Ivy fal :
ing. cucumber its road.bed, though standing
! or being more than two hundred feet from the
/ line of sail road And in case the owner Of
such Lands or premises and the said company
cannot agree as to the value Of the premises
taken. or to be taken. for the use of said road,
the value thereof shall be determined by the
appraisal of three disintcrested commissioners,
: who may be appointed, upon application by
either party, to any court Of record in any OF
the Territories in which the lands or premises
ID he taken lie and said commissioners, In
their assessment of damages. shall appraise
such premises at what would have been the
value thereof if the road had not been built.
Aud upon return into court of such appraise.
ment and upon the payment into the same of
the estimated 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 acquire full IT,
tie to the ssme for the purposes aforesaid.
And either party feeling aggrieved at said APP
praisement may. within thirty days after the
same has been returned into court, file an APP
peal therefrom, and demand a jury of twelve
men to estimate the damage sustained |; 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 par
ty appealing shall give bonds, with sufficient
surety or sureties, for the payment of any cost
that may arise upon such appeal and in case
the party appealing does not obtain verdict,
increasing or diminishing, as the case may be,
the award of the commissioners, such party
shall pay the whole cost incurred by the ap-
pellee, as well as his own, and the payment
into court, for the use of the owner Of said
premises taken, of a sum equal to that finally
awarded. shall be held to vest in said compa-
ny 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, rs
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
a guardian for any party under any disqualifi.
cation, to appear in proper person, who shall
give bonds, with sufficient surety or suretics,
for the proper and faithful execution of his
trust. and who may represent in court the per-
son disqualified, as aforesaid, from appearing,
when the same proceedings shall be had in ref
ercnce to the appraisement OF the premises TO
he 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 Ia.
ken by virtue of this act shall not be affected
or impaired by reason of any failure by any
guardian to discharge faithfully his trust.
And in case any party shall have right or
claim to any land for term of years. or any
interest therein. in possession, reversion, or
remainder. the value Of any such estate, less
than fee simple, shall be estimated and de-
terminated in the manner hereinbefore set
f.xvt Ard In 4 hall 1>u f,fi
the company to enter upon any lands which
are unoccupied, and Of which there il no ap
parent owner or claimant, II 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 ascertain
ing the value of. and Of acquiring a title to.
the same but the Judge of the court hearing
said suit shall determine the kind Of notice To
he served on such owner or owners and hc
may In his discretion appoint an agent or guar !
dian to represent such owner or owners in case |
of his or their incapacity or non appearance |
But in case no claimant shall appear within
six years from the time If the opening of said
road across any land, all claims to damages
against said Company shall bc barred
Sec. 8 And be Il further enacted That each
and every grant. right, and privilege herein
are made and given to. and accepted by.
g iii Northern Pacific l,ailros,l Company. up
namely That the said company shall cum
mence the work on sail 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 con-
-truct. equip. furnish and complete the whole
road by the fourth day Of July. ammo Domini
eighteen hundred and sevety-six
Sec. 8 And be IL further enacted. That the
United States make the several conditional
/ I.s., a,,I hat Ia as1 hnrD D.
ciic Railroad Company accept the same, upon
the further condition that if the said compa-
ny 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 he needful and necessary to insure q
speedy completion of the said road.
Sec. 10. And be IL further enocted. That all
| people of the United States shall have the
right to subscribe to the stock of the North
ern Pacific Railroad Company until the whole
capital named in this act of incorporation is
taken up, by complying with the terms of sub
| scription and no mortgage or construction
bonds shall ever be issued by said company on
laid road, or mortgage, or lien made in any
way. except by the consent of the Congress of
the United States.
Sec. ii. lind be Il further enacted, That
thereof, shall be post route and a military
road. subject to the use of the United States,
for postal, military, naval and all other Gov
eminent service, and also subject to such reg
ulations rs Congress may impose restricting
the charges for such Government transporta-
ton. a
Sec. 12. Aad be Il. further enacted, That the
acceptance of the terms, conditions, and impo-
sitions of this act by the said Northern Pa
ciic Railroad Company shall be signified In
writing under the corporate seal Of said com
pany. duly executed pursuant TO the direction
of its board Of directors first had and obtained,
which acceptance shall he made within two
years after the passage of this act, and not af-
forwards and shall be served on the President
of the United States.
Sec. Is. And be Il further enacted, That the
directors of said company shall make an an.
nual report of their proceedings and expendi-
TIRES verified by the affidavits of the pres-
dent and a: least six of the directors. and they
shall, from time to time, fix, determine. and
regulate the fares. tolls, and charges to he re-
ceiyed and paid for transportation of persons
and property on said road, or any part thereof
Sec. Ia. And be IL further enacted, That the
directors chosen in pursuance of the FIRST sec-
ton of this act shall, so soon as may be after
their election. elect from their own number a
president and vice president and said board
OF directors shall, from tune to time, and 80
soon rs may be after their election. cioose q
treasurer and secretary who shall hold their
offices at the will and pleasure of the board Of
directors. The treasurer and secretary shall
give such bonds. with such security Ms the
said board from time 10 time may require.
The secretary shall, before entering upon his
duty. be sworn to the faithful discharge there
of. and said oath shall he made u matter Of
record upon the books of said corporation. No
person shall be q director of said company un-
less he shall Ire 4 stockholdcr. and qualified to
vote for directors at the election ut which he
! shall be chosen.
Sec. Is. adhea further enacted That the
president. vice president, and directors shall
Eol their offices for the period indicated in
the bylaws h said company. not exceeding
hree yesIs, respectively, and until others are
chosen In Their place. and qualified In csssc
IL snail 81 happen that an election of directors
shall not Ice nlafc IN any day appointed by
the bylaws of sail company, the corporation
shall not fnr that EXCUSE b. deemed TO be dis.
solved, but such election may be Iden on
any day which shall he appointed by the d.
rectors The directors, Of whom seven. inclu-
ding the president. shall be n quorum for the
transaction OF business, shall have full power
to make and prescribe such by laws. rules and