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


scri,sd shall he entitled t0 a certificate for tel
shares of one hundred dollars each and tha
the following words in section first Of said act
(which shall he sn,.cfihed for and held in no
mole than two hundred shares by any one per
son, lie, and the same are hereby repealed.
Sec 2 Apd be il further e,ocfed Tha
the Union P,aitic RilrGad Company shal
. cahse l"s!!;s to he kept open to receive sub
scaiptions To the capital stock of said company
until the entire capital Of one hundred mill
ions m dollars shall be subscribed al the gen
erat Office % said company IN the city of New
4 York, and in each of the cities OF B ,ston
Philadelphia Baltimore, Chicago 0Ieinnati
i.snd Saint Louis, afSucli phaces ~ may he des
ignated by the President of the United States
\ and in such other localities as may be directed
! by him. No subscription for said stock shall
he deemed valid unless the subscriber there
for shall. at the time of subscribing, pay or re-
init to the treasurer of the company an amount
per share subscribed by him equal to the
7 amount per share previously paid by the then
! existing stockholders. The said company shall
make assessments upon its stockholders of not
less than five dollars per share, and at inter
walls OF not exceeding six months from ami at
! ter the passage of this act. until the par val
ne of oil shares subscribed shall be fully paid
and money only shall be receivable for any
such assessment. or as equivalents for any por-
! ton Of the capital stock hereinbefore author
! ized. The capital stock of said company shall
not be increased beyond the actual cost of said
road. And the stock Of the company shall be
deemed personal property. and shall be trans
4 ferable on the hooks of the company, at the
general office Of said company in the city of
/ New York, or at such other transfer office as
the company may establish.
! Sec. 3. And be ea further enacted That the
| Union Pacific Railroad Company, and all other
companies provided for in this act and the act
| to which this is an amendment. be, and here
! by are, empowered to enter upon, purchase,
take, and hold any lands or premises that may
be necessary and proper for the construction
! and working of said road. not exceeding in
width one hundred feet on e,ch side of its cen.
! ter line, unless a greater width he required for
the purpose of excavation or embtnkment /;
and also any lands or premises that may be
necessary and proper for turnouts. standing
places tor cars, depots. station houselsl or any
| other structures required i'm the construction
ami operating of said road. Aud each of said
companies shall have the right to cut and re
move trees ar other materials that might by
! falling incumbt.r its road bed though standing
| or being more than one hnnd, ed feet there
/ from And in Crse iiIe claimant OF
such lands or premises and such company can
not agree aS to the damages. the amount shall
he determined Ivy the appraisal of three disin
terested commissioners. who may be appoint.
Ell upon application 10y any party to any judge
OF a court Of record in any Of the Territories
IN which the lands or premises to be taken lie
ana said commissioners, i'm their assessments
of damages, shall appraisc such premises at
what would have been the value thereof ii the
I road had not been huilt; and upon return in
To court of such appraisement. and upon the
| payment To- the clerk thereof of the amount
so awarded ly the commissioners for the Use
and benefit "f the owner thereof said premi.
| ses shall be deemed a. be taken hy said com
psny. which shall thereby acquire full title To-
the saine TOR the purposes aforesaid. Aud
either party feeling agyreved by said assers.
meht may, within thirty days. file an appeal
therrfr'aD. and de,narrl jury of twelve men
to estimate the damage sustained but such
appeal shall not interfere with 'he ri.htS of
stid company to enter up the p Misses ts,-
ken. ar 10 do amy at nea e>stry in the Cbistnlc-
! 'iun at it, ro.ui Aul s;,iI party appealing
shall give hsnslS with sutiicicut surety ~ sure
ties. k'r the pIymrnt m amy gusts ttltt may
arise upon such appeal. Ani la case the par
| ty appealing dncS not obtain more favorable
verdict. such party shall pay the whole cost in
CURED 10y the appellee : ,',s- web "a, its own
! And the payment into court f,r the use nf the
lowner or claimant. of ~ sum equal tn that
| finally awarded shall lie held IL vest ia said
! company the title of slid land and the right
To asc AMI occlipy the same iar the ct.,istruc-
tIon. m'unialnins, and opofatiuguf the road
| of said company. Aud in case any Of the
| lands tU lie taken as aforesaid shalt ise held bv
any person residing without the Territory. OF
subject to any legal disability, the court may
| appoint proper person who shall give bonds
with sufficient surety or sureties Tor the faith
ful execution OF his trust. and who may rep
resent in court the person disqualified or alb
srnt as aforesaid, when the same proceeding
shall be had in reference to the appraisement
of the premises to be taken. and with the
| same effect as have been already described.
And the title Of the company to the land Ia.
ken by virtue of this act shall not be affected
nor impaired by reason of any failure by any
guardian to discharge faithfully his trust.
Aud in case itshall lie necessary for either OF
the said companies to enter upon lands which
are unoccupied, and Of which there is no ap.
parent owner or claimant. il may proceed to
take and Use the same for the purpose of Its
said railroad, and may institute proceedings in
manner described tor the purpose OF ascertain.
ing the value OF, and acquiring title TO. the
same and the court may determine the kind
OF notice to be served ON such owner or own
ers. and may in its discretion appoiut an agent
or guardian to represent such owner or owners
in case of Ibis or their incapteity or non-ap-
pearance. But in case no claimant shall ap.
pear within six years from the time Of the
opening OF said road across any land, all claim
to damages against said Company shall be bar.
red. Ii shall I've competent for the legal guar
dian of any infant, or any other person under
guardianship, 10 agree with the proper com
|, pany as To damages sustained by reason Of the
taking of any lands of any such person under
/. disability. rs aforesaid, for the use us afure
said; and npon such agreement heing made
and approved by the court having supervision
of the official acts of said guardian, the sale
guardian shall have full power to make ane
execute IA conveyance thereof To the said cjm
pmy which shall vest the title thereto in th,
; said company t1
Sec a: And be Il further enacted That sec
tion three of said act be hereby amended b,
striking out the word :. FIVE where the sam,
&C urs in said section. and by inserting in iie'
/ thereof the word I" ten aud by strikin.
: out the word ten vii, re the SAME occur
I in said 50 ton. aud by inserting in lien there
of the word - twenty" And section sevey
: of said act is hereby amended by striking on
the word . fifteen, where the same occurs il
said section. and inserting in lieu thereof TN
5 word twenty -five.'' And the term - min
G eral land, wherever the same occurs i'm thi
act and the act to which this il an amend
ment, shall not be construed to include COS,
: aud ir,n hand And any iands granted b.
this act, or the act To which this is an amend
D inent. shall not defeat or impair any pre-emp
{ tion, homestead. swamp land. or other Lawful
: claim. nor include any Government reserva
/. tion ar miner, lands. OF the Improvements 4
r any l,ona file settler, or any Lands reiurne
and deIiominat,d as mineral Ian Is. and tn
,i,nbe, necessary 10 support his said improve
m,nts as a miner, ar agiicuitur.llist Ia l'c as
cettainei nnder such rples ~ ln,,e heen q
I IN " lie established hy the Commissioner &
1 the General Land Office ia conformity wit
q the pro, ,isins of the pre- empiion laws ~,
: rtded That the quutity ti,is exempted T.
: tie operation at this act aud th. at 10 wbic
: this act is IN amen imcnt suli nt exceed "n
hundred and sixty acres for each sc tier wh
: claims ~ AN ,,gricultnral,,, aud su h qasntit
: for each settler who claims as mi er rs th
/. said C,mmi>Siuners NV establish bv genera
4 regulation: Prosided also, Lat tae para,
8 hut win re the same shall Gotta u tlIDhcr, ia
0 timi'er thereon Is hereby gran cd to ia com
: ppy," in the provis,, to said secti N thre,
Q shall not apply To the, timter growing an ht
/; lug on any land further than ten miles f,or
: the center lne Of any one ut said r'a,is q
/ branches mentioned in said act on this nc,
! And ill Ia ,,is sh III be excluded fom the ore
. ration OF tais act, sndcf the act to which thi