Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1865-02-18

.sl rr~suas-s sal he ac-Oex - b. txkc. BY
cad ee.ps.s. wkseA skxa shes-sr srqssrs
al t..le 10 th- s.ne fsx tAe p1rpo~es sSorx-
Md And sIthrs party fs-i.A< a<gsvsd ey
sad s>~~ssnsai RAY. wishln thsr-y DAYS. fl-
aa sppeaa ther~tson. and dem&nd jury Of
ssels. mes TO estimate the DAMAGE sustained !;
b9. such appeal shall not interfere with the
rights Of said company TO enia upon the
prsmises taken. W do sny act sscessary in
the coassssction Of its road. And the said
party appealing shall give boeds With suih-.
cisni ssretis. fus the payne.s e any eosts
ihat may arise upsa such appeal. And IN
case the party appealing does not obtain .
more favorable verdict. such party shall pay
the whole cost incurred by the appellee. as
well as its own. Ard the payment into court
for the use of the owner or claimant, Of sum
equal to that finally awarded shall be held to
vest in said company the title Of said land,
and the right to use and occupy the same for
the construction, maintaining, and operating
of the road of said company. And in case
any Of the lands to be taken as aforesaid shall
be held by any person residing without the
territory, or subject to any legal disability.
the court may appoint proper person who
shall give bonds with sufficient surety or
sureties, for the faithful execution of bis trust,
and who may represent in court the person dis
qualified or absent as aforesaid, when the same
proceedings shall be had in reference to the
appraisment of the premises to be taken, and
with the same effect as have been already de-
scribed And the title Of the company to
lands taken by virtue of this act shall not be af-
fected nor impaired by reason of any failure
by any guardian to discharge faithfully his
trust And in case it shall be necessary for
either Of said companies to enter lands which
are unoccupied, and of which there is no ap-
parent owner or claimant, it may proceed to
take and use the same for the purpose of its
said railroad, and may institute proceedings
in manner described for the purpose Of ascer-
tanning 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
owners, and may in its discretion appoint an
agent or guardian to represent such owner or
owners in case of his or their incapacity or
non-appearancc. But in case no claimant
sh; L appear within six years from the time
Of the opening of said road across any land,
all claim to damages against said company
shall be barred. 1t shall be competent for the
legal guardian of any infant, or any other per-
son under guardianship, to agree with the
proper company as to damages sustained by
reason of the taking of any lands Of any such
person under disability, as aforesaid; and
upon such agreement being made, and ap.
proved by the court having supervision Of
the official acts Of said guardian, the said
guardian shall have full power to make aud
execute a conveyance thereof to the said com
pany which shall vest the title thereto in the
said company.
Sec. 4. And be 1t J1rthcr enacted, That
sec ton three OF said act be hereby amended
by striking ont the word " tive," where the
same occurs in said section, and by inserting
the word "ten;" and by striking out the
word "ter,," where the same occurs in sale
section, and by inserting in lieu thereof" twen-
ty." And section seven Of said act is hereby
amended by striking out the word " fifteen,"
where the same occurs in said section, and
inserting in lieu thereof the word twenty.
fve." And the term mineral land" wher-
ever the same occurs, shall not be construed to
include coal and iron land. And any lands
granted by this act, or the act to which this
is an amendment. shall not defeat or impair
any pre-emption, homestead, swamp lands, or
other lawful claim, nor include any govern
ment reservation OF mineral lands, or the i'm
provements of any bona Ads settler. or any
lands returned and denominated as mineral
lands, and the timber necessary TO support
his said improvements a. miner, or agricul.
lot, to be ascertained under such rules ~
have been. or may be established by the
commissioner Of the general land-offics. in
conformity with the provisions Of the pre-
emption laws: Prorided, That the quantity
thus exempted by ths operation Of the oct TO
which this act is an amendment. shall not
exceed one hundred and sixty acres for each
ssttler Who claims a. IN agriculturalisi. aud
such quantity for each settler who claims as
miaes. - said commissioner may e<tablish
by general rsgalaiions: Proriled. also. That
ths pAsnse bss vhsse the same shall con-
tain siobx. the tinb~r therein % hereby
ssssasd 10 saiA company" in the prsvi.e to
s-csisa fhr-e. shan No, apply 70 the tinher
ssssn9 - bsing o. any I.nd farther shxn
tra azlss frus ~ e<ntre Ear ef any one Of
said rs.3s - hss~<A~- neztssa~d IN ~as9 ars
Ard q is.is sk.A b- sxe.~ird fr.a ;h~
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