Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-09-07
CONTINUED.

SEC. 7. and be ii further enacted, That the
sal Northern Pacific Railroad Company" be
and is hereby authorized and emp wered to en-
trupon, purchase, take, aud hold any lends
or premises that may b. necessary acd proper
for the construction and worsing of sa id road
not eX eeoing in wild two hundred feet on
each side of the line of its airosd, unless a
e eater wild h be required for the purpose of ex-
cavaton enbarkmant and also any lands or
premises that may be n &c s4ry and proper fer
turn outs, staining places for cars, depnts, sa-
iou-houses or any 9th r structures required in
the construction and working of sal roal And
the said company shall have the right to cut and
and remove tire and o her mate ial tina. light
by falling, lmber ITS rosd- ID through Stanf-
ing or beng more than two hun tired feet from
the line Of said road And in case the owner of
such Lands or premises and the said comuany sun
not agree as to the vale of the premises taken
or to be take the for of said road the valuef
thereof snail be deter mined thS 4por AiSt o
three disinterested COMM 81 neTs, who may be
arpoin tel, upon application by either party to
any )urt of record in any of the Territories in
which the lands r premises t. b. TAX lie and
said comm ssioners, in their assessm nts OF dam
ages, shall ap raise SUI III premises what would
have b EN- the value thereofif the road had not
been built And upon return into court of such
apprai emant, and upon the payment into the
same of the estimated value of the psemi es taken
for the and benefit of the owaer thereof, said
premises shall be deemed to be I ken oy said
company which sha thereby acquire full title
party feeling aggrievei at sal appraisement may
within thi-ey da,s after the anne have been re-
tu"ned into court, e an appeal therefrem, and
and demand a jury of twelve men to estimate
the damage sustained; but such appeal shall not
il terfere with the rights of said company to en-
ter upon the premises taken, or to any act nee
es airy and proper in the construction of its road
And said party ap ealing sh4 give bonds with
sufic ient surety Or suret eS, for the payment of
any cost that may arise upon such appeal and in
case the party appealing does not obtain a YER
dict, increasing or diminishing, as the case NAV
be, the award of the commissio TONERS, such party
shall pay the whole cost incurred BY the appellee
as well as his wn, and the payment into court
for the u>e OF the owner of said premises taken
at a sum equal TO Il at 6nally 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, ma inteDance, 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, in sane
person, or persons residing without the Territory
within which the lands to be taken lie, or per-
son subjec ed to any legal disabi ity, the court
may ap oint guardian for any party unier any
disquall ficAton, to appear in proper person, who
shall give bonds, with sufici surety or sure
ties, for the proper and faithful execution of his
trust and who may repressnt in court the per son
di qualified, as Aforesaid, from appearing, when
the same proceedings shall be had in refersnce
to the appraisement of the premises to be taken
Tor the use Of said said company, and with the
same effect as has been already described; and
the title oil the company to the lands taken by
virtuTe of tn act shall not be affected or impair
ed by reason of any ia lure by any guardian to
discharge faithfully his trust. Aud in case Of
any party shall have right or claim to any
land for term Of years, or any interest therein,
in posses sion, reVer ion, OF remainder, the value
ofany such estate, less than fee simple, shall be
estimated and determined in TIE manner here
inbtfor set forth. And in case 1t shall be nee
essary for the company TO enter upon any land 5
which are III occupied, and of which there is
no apparent owner or ella INFANT, itmay proceed
to take and the SINE for the purposes of said
raIlroai, and may il stiiute pro .eedngs N man
ner described, for the purpose of ascertaining
the va ne of and of acquiring title to, the same
tu the judge of the court hearing said suit shall
determine the kinds of notice to be served on
such owner or owners, and be may in his diree-