The Albany register. [volume] (Albany, Or.) 1868-18??, 1869-06-12

subscribers to the capital stock to pay
the amount by them subscribed. respec-
lively, at such times, in such manner. and
in such instalnlents as they may deem
proper and if any stockholder shall re-
fuse or neglect to pay any instalment. as
required by resolution of the board or
directors, the said board may forfeit said
stock for non-payment. and all previous
payments shall revert. in law and in
equity TO the said corporation under such
regulations. or may sue for and ~collect
the unpaid ins,alments in any court OF
competent jurisdiction.
SEC. Z. 4ad be ii further enacted.
That the said corporation is hereby en-
powered to purchase, lease, receive, and
hold such real estate or other property as
may be necessary for accomplishing the
objects of this act, and may by their
agents. engineers, contractors, or work
men Immediately enter upon, take pos
session of, and use all such real estate
and property as may be necessary for the
construction, maintenance, and opera
ton of said railroad and the accommoda-
tions appertaining thereto. But all real
estate or property thus entered upon and
appropriated by said railroad. and the
accommodations appertaining thereto,
which are not donations. shall be .pur-
chased by said corporation of the owner
or owners of the same at a price to be
mutually agreed upon between them I; and
in case of a disagreement as to price, the
said corporation, nor the owner or owners
of such real estate or property, shall APP
ply by petition to a justice OF the supreme
court of the District of Columbia particu-
larry describing the property and the
said justice, upon receiving such applica
ton, shall cause such notice to be given
faf fhn fhn. 1.fx hn ohnj II
per and sufficient, appointing therein a
time and place for hearing the parties at
which time and place, upon proof that
the notice directed has been given, the
said justice shall direct the manner of as
certaining the true value of said real es-
tate or other property. together with the
damages which the owner or owners
thereof have sustained, or may sustain by
reason of the appropriation, occupation,
and use thereof by the said corporation !;
and the said justice shall appoint not less
than three nor more than seven competent
and disinterested commissioners, who
shall be freeholders in the District of CO.
lumbia, and at least one of them shall be
a resident of the municipal corporation in
which said real estate or other property
may be situated. and who shall, under
the direction of said justice, view said
premises or property. take such testimony
as they may deem proper, make apprase-
mcnt, and determine said damages, and
report the same under oath and in writ
ing to said justice. The report shall con-
tain minute and accurate description of
the real estate and other property ap-
praised, together with all the evidence
taken by the commissioners in the case.
1t shall be the duty of said justice to ex-
anime the report of said commissioners.
and upon application of either party he
shall give the parties hearing in relation
thereto and he shall have power to in
crease or diminish said appraisal or dam
ages if he shall become satisfied upon
such hearing that injustice has been done.
Upon proof to the said justice, to be
made within sixty days after his determin-
alton of payment to the owner or owners,
or depositing to the credit CT the owner
or owners, or their legal representatives.
in si,ch banking institution as said justice
shall direct, the amount of said award,
and the payment of all expenses attend
ing the same, including an allowance of
three dollars per diem to each of the
aforesaid commissioners, the said justice
shall order or decree, particularly de-
scribing said real estate or other property,
and reciting the appraisement of DANA
ges and the mode Of making it. together
with such facts as he may deem pertinent !;
and when the said order or decree shall
be recorded in the recorders Gsica of the
county or city in which such - estate or
other property is situated, the said corpo
ration, or its successors or assigns, shall
be legally'or equitably seized and pos
sessed of such real estate or other proper
ty for the use and for the purposes herein
before described. In case any married
woman, infant. idiot. insane person, or
nonresident Of the district in which said
real estate or other property may be situ-
ated, shall be interested in such real es-
tato or other property, the said justice
shall appoint some competent disinterest-
ed person to appear before said commits
sioner and act for and in behalf of such
married woman. infant. idiot, insane per-
son, or nonresident.
Sec. s. And be it further ena cted
That if any person shall wilfully do or
cause to be done any act or acts whatever,
whereby any building, structure. or. other
work, or any engine, car, or machine, or
other property appertaining to said rail-
road shall be injured, impaired, or de-
stroyed, or stopped. the person or per-
sons so offending shall be guilty of mis-
demeanor, aud on conviction thereof by
any court of competent jurisdiction shall
be punished by fine, at the discretion OF
the court, of not more than five thousand
dollars. or by Imprisonment of not more
than two years, Or both. at the discretion
of the court. and also forfeit and pay to
the said company, its successors and as
signs, the amount of damages sustained
by means of such offences. to be recover
ed by said company with costs of suit by
any action of debt or case.
Sec. 9. And be at further enacted,
That said company shall not grant to any
railroad Or other corporation the exclrl-
sive right to transfer passengers or freight
over said railroad; but any privilege
granted to one corporation shall be ex-
tended to all who may make application
for such privilege on the same terms, con
dltions, and rates, and shall not sell
transfer, or lease their corporate rights to
any company that will not check baggage
or commute fares with all connecting
railroads upon the terms specified in this
section.
SEC. 10. And be 1t further enacted,
That the said corporation shall, as soon as
practicable after the election of directors
as hereinbefore provided, to commence
and prosecute the work of constructing
and equipping said railroad that it shall
be fully completed and equipped in three
years from and after the first board of di.
rectors have been elected
Sec. Il. .And be 1T further enacted
That Congress shall have the right to reg
| ulate the rate of fares collected by SAID
company from passengers and the rate q
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