New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-08

of appropriation. Upon fixing such act
| of appropriation and delivery of such
| copy, or making such publication, the
supreme court for the District of Columbia,
| upon the application of either party shall
appoint by warrant three disinterested
| freeholders of the neighborhood on when
the land lies, to appraise the damages
which the owner of the land may snstaln
by such appropriation; such, appraisers
shall be duly sworn; they shall consider
the injury which such owner may sustain
by reason of such railroad, and shall forth
| with return their assessment OF damages
to the clerk of the said court, setting forth
the value of the property taken, or injury
done to the property, which they assess to
the owner or owners, separately, to be by
him filed and recorded: and thereupon
such corporation shall pay to said clerk
the amount thus assessed, or tender the
same to the party in whose favor the dam.
ages are awarded, or assessed, and on
making payment or tender thereof, in the
manner herein required, it shall be lawful
for such corporation to hold the interests
in such lands or materials on said road
way within fifty feet on each side of the
centre of such roadway, for the uses afore-
said. The cost of such award shall be
paid by such company; and on notice by
any party interested and showing said
proceedings, the court may order the pay
ment thereof, and enforce such payment
by execution. The award of said arbtra-
tors may be reviewed by the said court, in
which such proceedings may be bad, on
written exceptions filed by either party, in
the clerks Office within ten days after the
filing Of such award. and the court shall
take such order therein as right and justice
may require, by ordering new appraise-
ment, on good cause shown: Provided,
That Notwithstanding such appeal, such
company may take possession of the
property therein described as aforesaid,
and the subsequent proceedings of the
appeal shall only affect the amount of
compensation to be allowed, if prior to
the assessment the corporation shall ten
der to such owner or guardian, and in case
of refusal to receive the same shall pay
amount equal to the award afterwards
made exclusive of costs. The costs OF
hrbitration shall be paid equally by such
company,and such owner or guardian.
Sec. %. And be it further enacted. That
if there are any adverse or conflicting
claimants to the money, or any part of it,
to be paid as compensation for the real
estate taken, the court may direct the
money to be paid into the said court by
the company until it can determine who is
entitled to the same, and shall direct to
whom the same shall be paid, and may, in
its discretion. order a reference to ascer-
tain the facts in which such determination
and order are to be made.
SEC %. AND be it further enacted, That
the court shall appoint some competent
attorney to appear for and protect the
rights Of any party in interest who is un.
known, or whose residence is un.
known, and who has not appeared in the
proceedings by an attorney or agent, the
court shall also have power, at any time,
to amend any defect or informality in any
of the special proceedings authorized by
this act as may be necessary, or to cause
new parties to be added, and to direct such
further notice to be given to any party
in interest as it deems proper, and also
to appoint other commissioners Ia
the place of any who shall die, OF
refuse, or neglect, or are unable to serve
or who may leave or be absent from the
District aforesaid.
Sec. "a. And be it further enacted, That
title by appraisal of damages, or other.
wise, if it shall be found that the title
thereby attempted to be acquired is defec
tive, the company may proceed anew to
acquire or perfect the same in the same
manner as if no appraisal had been made
and at any stage OF such new proceedings
the court may authorize the corporation,
if in possession, to continue in possession,
to take possession of, and use such real
estate during the tendency and until the
final conclusion of such new proceedings
and may stay all actions and proceedings
against the company, or any officer OF
agent or workmen Of such company, on &C.
count thereof, on such company paying
into court sufficient sum, as the court
may direct. to pay the compensation there
for, when finally ascertained; and in every
such case the party interested in real estate
| may conduct the proceedings to conclu'
sion, if the company delays or omlts to
| prosecute the same.
Sec. 25. And be it further enacted, That
| such company may, from time to time,
borrow such sums of money as they may
deem necessary for completing or operat-
| ing their railroad, and issue and dispose Of
| their bonds for any amounts so borrowed
| for such sums and at such rates OF interest
as may be agreed upon, and mortgage
their corporate property and franchises to
secure the payment of any debt contracted
by such company; and the directors of the
company may confer on any holder OF any
bond issued tor money borrowed as atore'
| said the right to convert the principal due
or owing thereon into stock of said COM
| pany, at any time not exceeding fifteen
wears from the date of said bond, under
such regulations as the company may
adopt; and such company may sell then
| bonds whenever they may deem proper
and such sales shall be as valid as If such
bonds should b. sold at par value. But
| such corporation shall not have power tc
| issue any bonds or to execute any mort
cages upon its property or franchises unit
at least one half Of the capital stock shall
have been fully paid.
SEC. 26. And be it further enacted, That
if at any time after the location of the
track of such road, in whole or in part
and the filing of the map thereof, it shall
| appear to the directors Of such company
that the line thereof may be improved
! such directors may, from time to time,
| alter the line, and cause a new map to be
filed in the said registers Office, and may
thereupon take possession of the lands
| embraced in such new location that may
be required tor such construction and
| maintenance of such road on such new
line, either by agreement with the owner
| or by such proceedings as are authorized
un Ter the preceding sections of this act
ond nca the Sama in nlaca of the lina for