Smyrna times., 1865-08-30

court of such apprasemen,. and upon the paymen,
to the same OF the estimated value Of the premise Ia
ken for the and benf of the owner thereof said
premises shall be deAned TO be taken BY said 'Hy
which shall thereby acquire full title TO the
the purpose aforesaid and either party feeling ag.re
Ved at said appralsement may, within thirty days er
the same has been returned into court, file and appeal
iherefrom. and demand jury Of twelve men to
mate the damage sustained but such appeal shall NJ
interfere with the rights UIsad company upu
the premises taken or 10 do any act necessary
per In The construction of the road And SAID p tlt
appealing shall give bonds, with suffic surrey
suretIes, for the payment OF that may arlsr
upon such appeal and IN case the party appealing inea
not obtain verdict, increasing diminishing phe
case may be- The award Of the commissioners. suct
party shall pay the whole cost incurred by the ap
lee as we'll as hIs own, and the payment coau, |
Or the use OF the owner OF said premises Iaken
sum eqUa 10 that finally awarded shall be held
ia said company The title OF said land and ol the right
TO use and occupy the Tor the construction,
enance and operation OF said road And in case ANY
OF The lands 10 be taken Aforesaid; shall he held 10y
any infant femme covert. non c"mpOs insane pc: ON
or person residing without the Territory within which
The lands to be taken lie persons subjected any
legal disability the court may appoint guardian for
any person under any disqualification. TO appear in
proper person, who shall give bonds, with sufficient
surety or surees for the proper and faithful execu
ton oil his trust and who may represent in court The
person disqualified, aforesaid from appearing when
lhe same proceedings shall be had IN reference TO the
appralsement OF the premises 10 be taken for the
OF said company, and with the effect has been
already described ;and the title OF the company the
/
or impaired by OF any failure of any guardian
20 discharge faithfully his trust And in any par
ty shall have right or claim to any land for term of
years or any interest therein pnssesslOn
or remainder the value OF any estate less than
Tee simple, shall be estimated and determined IN the
maRneF hereinbeore set FORTH And in 1t shall he
necessary for the company to enter upon any lands
which are unOccupied, and OF which there is no ap
parent owner CLAIMANT il may proceed TO take and
Use the same for the purposes OF said railroad, md
may institute proceedings IN manner escrbed, 70 the
!
title 10 the same but the judge of the court hearing
SAID SUIT shall determine the kind of notice TO be
we'd on such owner or owners. and may in his discre
ton appoint an agent or guardian to represent such
owner or owners IN case Of his or Their lncapacy or
non-appea:ance. But in claimant shall appear
within years from the time of The opening Of tbs
SAID road across any land all claims 10 damages against
said dom panY shall be barred.
Sec. 8. And be ii further enacted, That each and
every grant, right and privilege herein are 30 made
and given 10, and accepted by. said Northern Pacific
Railroad Company. upon and subject to The following
conditions, namely: That the said company shall com.
mence the work said road wiIhnlw0 years from the
approval Of this act by the President and shall com
pete not less than fifty miles year after the
ond year and shall construct equip, furnish and COM
ps,e the whole road by the fourth day of July, ammo
DOmIni eighteen hundred and seventy-six
Sec. 9. And be il further enacted, That the United
States make the several conditioned grants herein
and that The said Northern Pacific Railroad Company
sccept The same upon the further condition hat II the
SAID company make any breach OF the conditions here
OF and allow the to continue for upwards oil one
year. then in such case, at any time hereafter, The
United States by Congress- may do any all
and things which may be neediul aLd necessary to IN.
sure speedy completion of said road.
Sec. TO- And be it further enacted, Thnt all Peo-
pie Of the United States shalt have the right to sub
scribe 10 the stock of the Northern Pacific Railroad
Company until the whole capital med IN this act OF
Incorporation s taken up by complying with the terms
subscription and mortgage or construction bonds
shall be issued by said company on said road, OF
mortgage, lien made 10 any way except by the con
sent Of the Congress of The United States
Sec. IL. And be il further enacted, That said
Northern Pacific railroad. any part thereof shall bt
post and military road subject TO the use OF tht
United States for postal military, naval and all Olhe
Government service, and also subject TO SUCH regnla
tOns as Congress may impose restricting the Charge
+ for such Government transportation
Sec. H. And be II further enacted, That the &C
cepance of the terms conditions and mposons OF lhl
act ry the said Northern Pacific Railroad Company
shall be sIgnlfed IN writing under The cUrpOrate sea
Of said company, duly executed pursuant to the direc
Iion Of its board Of directors. first had and obtained
which acceptance shall he made within two years al
ter the passage Of this act, and not afterwards, am
shalt be served the President Of the United Staer
= Sec. l3. And be it further enacted, That the dl
recors OF said company shall make an annual reor
Of their proceedings and expenditures verified by tn
d adavs the president and at least six Ot the dlreC
tors and they shall from time 10 time. fix deermln
~ and regulate the fares. tolls and charges 10 be ecelve
and paid for transportation Of persons and properly
said road or anV part thereof.
IL Sec u And be further enacted That the director
chosen pursuance OF the first section o this act sha
soon as may be after their election elect from Ihe
own number president and vice president and tai
i'd board Ot directors shall from lime TO time, and 80 500
as may be after their election. chOOse treasurer an
he secretary who shall h1d their Offices at the Will an
pleasure oi the hoard of directors The treasurer ali
all 81 all give such bonds, with such security
- salo BOARD may from time time require. The Sc,
reiary snail before entering upon his duty, be
rst 10 the faithful discharge thereof and said oath sba
be made matter Of upon the books of said co
nd porahon; No person shall be director Of said con
he pany unless he shall be siOckhOldef and qualified
vote for directors at the election which he shall
- chosen.
la la Sec. Is. And be it further enacted That the pre-
nc dent. vice president and directors shall hold their
all fees for the period indicated in the bylaws Of sal
ey company, exceeding three years respectively
M until Others chosen in their place. and qnafe1
h In u shall happen that an election oi dIrecto
er shall be made any day appointed by the bylaw
he Of said company, the corporation shall not for thai
~ cuse be deemed 10 be dissolved, but such election mi
- be holden any day which shall be appointed by u
MM MM directors. The directors. of whom seven InclndiI
oe the president shall be quorum for the transaction
BUSINESS shalt have full power 10 make aud present
such by laws rules and regulations they shall dee
L needfu aAd proper touching the disposition and ma
he agement Of the STOCK property estate and enecs C
he company the transfer OF shares, the duties and co
nan duct their officers and servants touching the eis
Inv lion and meeting of the directors and all matters whit
70 soever which may apperain 10 the concerns oil sa
hv | company; and the said board OF directors may ma
~ tull poS fill any vacancy vacancies that m
md occur from any causes irQm time 10 llme
ct their said board And the said board oi directors sn
TO have power appoint such engineers agensand su
ana carry into efeci the object OF the company and 10
10 all acts and things touching the loo alton and consr'
yed iion Of said road
Ind Sec. 16 And be IL further enacted. That it sh
tbs be lawful for the directors Of said company TO eqn
fifty payment of The of per centum cash asssssf
upon all subscriptions received OF all subscribers,
,ad The balance thereof such times and 10 such prop
ere. tiOns and such condt0ns they shall deem 10
necessary TO complete The said road and telegraph Il
me- within the ine within this prescribed. Sixty da
for previous nOlce shall be given Of tbs payments requ
re- ed and OF The time and place OF payment, BY pab
oad ing notice once week in daily newspaper
"a each OF the cities OF Boston, New York, Philadeph
;ng and Chicago; and in any stOckhodeE slail M
'n ect or refuse pay, in pursuance OF such notice
stock held by such person shall be forfeited absolute
- 10 The use OF The company, and also any payment
@ payments that shall have been made accouRt the
~ Of subject the condition that the board Of direcl
I w NAV allow the redemption on such terms they n
MN prescribe.
'on Sec, II. And be il further enacted, That the S
a % comoany s aulso-ized TO accept its owR use
~ grant donation. loan. power, franchise, and,
ssnce which may be granted 10 or confe red upon
zen. company by the Congress Of the United States by
;n,o f any STATE or by any ccporason, per