Delaware State journal and statesman., 1865-01-27


quire full title 20 the same for the IurrOse
aforesaid. Aud either party feeling aggncye
NJ snid appraisoment may within thirty dag
after the same bus been returned into court, I'll
an appeal thereirom, and demand q jury O
Twelve men to estimate The damage sustained
but such appeal shall rot interfere with th
rights OF said company 10 enter upUn the prepi
SEES iaken, or to do any uet ues ssary an prope
in the construction OF its road. Aud said paril
appealing shall give bonds with Sufficient surety
or surehcs for the payment Ut any cost that MAJ
arise upon such appeal; aud in case the paftl
appealing does not Obtain q verdict, increasing
or diminishing, as the case may be, the aNarN
of the commissioners, such party shall pny the
| whole cost incurred by tue nppe leo ~ we'll n'
his cwn, and the payment intl court tor the use
Of the oWner Of said premises taken, Of u sum
equal TO that inally awarded, shalt he held To
vest ia said company the titc ol sni1 land, anu
OF the right TO use and occupy the same for the
construction, maintenance aud operation ol slii
road. Aud in case any of the lauds 10 be taken
US aforesaid, shall be held by auy infant, femme
covert, non cOmpos, insane person or persons
residing without the Territory within which the
lands to be taken lie, or persons subjected ~
any legal disability, the court may appoint a
guardian for any party und Ter any disqualifca
ton, TO appear in proper person, who shall give
bonds with sufficient surety or suretes for tue
proper aud faithful execution OF his trusi, and
who may represent in court the erson dsqua.i-
lied as aforesaid, from appearing when tho same
proceedings shall be had IN reference to the ap,
praisement of The premises to be 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 taken by virtue Of this
act shall not be affected or impaired by reason
Of any failure by any guardian 10 discharge
faithfully his trust And in case any party ghsll
have q right or claim to any land for term Of
years, or any interest therein iu possession, re-
version or remainder, the value Of any such es-
tate less than fee simple, shall be estimated
and determined in the manner hereinbefore set
forth. And in case it shall be necessary for the
company 10 enter upon any lands which ufe
un0ccupled and Of which there is no apparent
owner or claimant, it may proceed to take and
use the same for the purposes Of said rnilrvad,
and institute proceedings in mauner prescribed,
for the purpose OF ascertainiDg tho value of
and Of acquiring n title to the same but the
judge of the court hearing said suit shall deier-
mine the kind of notice TO bo served on such
owner or owners and he may in his discretion
appoint an agent or guardian TO represent such
owner or owners in case of his or their incapa-
city or nOn-appearance. But in case NC claim
ant shall appear within six years from the time
u tho opening Of said road across any land, al
'laims TO damages against said company shall be
barred.
Sec. g. And be it further enacted, That each
md every grant, right and privilege herein are
10 made and given to, and accepted by said
Northern Pacific Railroad Company, upon and
ubject to the following conditions, namely That
he said company shall commence tho work on
aid road within two years from the approval Of
his net by the President and shall complete not
ess than fifty miles rer year after the second
ear, and shall construct, equip, furnish and
omplote tho whole road by the fourth day OF
uly, ammo DOmini, eighteen hundred and scy-
nty ak
Sec. .. Aud be II further enacted, That tho
United States make tho several conditioned grants
erein and that tho said Norhcru Pacific Rail
oad Company accept the same, upon the further |
onditon that il the said company mako any |
reach OF the conditions hereof, aud allow the |
anne to continue for upwards Of one year, then, |
n such case, ut any time hereafter, tho United |
iiates, by its Congress, may do any end all acts
nd things which may be neodful and necessary
o insure speedy completion of the said road
Sec. 10. And bo it further enacted, That all
ioople Of the United States shall have tho right
o subscribe to the stock of the NorthCrn Pacific
railroad Company until the whole capital Famed
n this act Of incorporation is taken up by com
lying with the terms Of subscription; and no
mortgage or construction bonds shall ever hc
ssued by said company on said road, or mort
age, or lien made in any way, except by the
onsent of the Congress OF the United States.
Sec. IL. And be it further enacted, That said
Torthern Pacific railroad, or any part thereof,
hall be n post route and military road, subject
, the use Of the United States, for postal, mill
iry, naval and all other Government service,
nd also subject to such regulations as Congress
lay impose restricting the charges for such
Government transportation.
Sec. IL Aud be it further enacted, That the
cceptance of the terms, conditions AMI imposi-
IONS of this act by the said Northern Pacific
.airoad Company shall be aignifod in writing
nder the corporate seal of said company duly
xecuted pursuant to the direction OF its broad
t directors first had and obtained, which accep-
lnoe shall be made within two years Aftor the
assage of this act, and not afterwards, and
hall he served on tho President OF the United
tates.
Sec. 10. Aud be it further enacted, That tho
irectOTs Of said company shall make on annual
epOrt Of their proceedings and expenditures,
eriied by the ailidsvits Of the president and at
,ast ak of the directors, and they shall from
me to time h1, determine and regulate the
lres, tolls and charges to be received and paid
" transportation of persons and property on
aid road, or any part thereof
Sec. ID. anu Do II luttuef enhcteut Ihat the |
irectors chosen in pursuance Of the first section
this act shall, 80 soon as may be after their
lection, elect from their swn number presi-
ent and vice presidents and said board of d.
,oters shall, from time to time aud so soon ms
lay be after their election, choose n treasurer
ld secretary who shall hold their Offices at the
i'll and pleasure Of the board OF directors The
easurer and secretary shall give such bonds,
ith such security as the said board from time
, time may require. The secretary shall before
1tering upon his duty, be sworn to the faithful
soharge thereof.a said oath shall DO made a
latter of record upon the books Of said cOrpo-
.tion. No person shall bc q director of said
,mpRny unless he shall be . stakeholder, and
naliied to vote for directors At the election at
hich he shall be chosen. r
Sec. 10. And be it further enacted, That the
resident, vice president aud directors shall J
old their offices for the period indicated in the
y laws Of said company, not exceeding three
ears respectively, and until others are chosen 4
their place and qualified. In caseiit shall so i
appen that an election of directors shall not be
iade on any day appointed by the by-aws of /
i'd company, the corporation shall not for that y
Icuse be deemed to be dissolved, but such cleo /
Oh may be holden on any day which shall be j
DpOinted by the directors. The directors. of !
hom seven, including the president, shall be a /
uorum for the transaction of business, shall I
I'VE full power t) make and prescribe such by S
We, rules and regulations as they shall deem =
,edful and proper touching the disposition md
anagement of the stock, property, estate and fl
fects Of the company, the transfer Of shares, n
e duties and conduct Of their officers and SER q
lnts touching the election and meeting Of the =
reetors and all matters whatsoever which may +
pertain TO the concerns of said company; and r
6 said board of directors may have full power II
fill any vacancy or vacancies that may occur Il
ON any cause or causes from time to time in h
cir said board. Aud tho said board of directors r,
all have power to appoint such engineers, N
ents and subordinates as may from time to q