The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1870-11-10

stations, materials fol. constructing, except
timber, erigHt Of way over adjacent lands
sufficient to enable such company 10 con-
slfnct and repair is road, aud right 70
conduct water by aqueducts, aud the right
Of making proper drains. Tie corpora
ton shall forthwith deposit with the clerk
Of the supreme court Of the District Of Col
sumbia a description Of the rights aud in
terests intended 10 be appropriated, and
such land rights. and interests shall be-
, long to such company, TO use for the pnr-
pose specified, by making or rendering
payment as hereinafter provided The
corporation may, by its directors, purchase
any such lands, materials. right Of way, or
interest Of the owner Of such lands; or in
case the Same is owned by person insane,
or an infant, OF q price to be agreed upon
BY the regularly constituted guardian or
parent Of said insane person or infant if
the same shall be appraised by the court
aforesaid; and on such agreement and APP
proyal, the owner, guardian, or parent, as
The case may be. shall convey tho said
premises, so purchased, in fec simple or
otherwise, as the parties may agree, to
such railroad company; and the deed when
made, shall be deemed valid in law. 1t
tho corporation shall not agree with tho
owner Of tho land, or with bis guardian, il
the owneris incapable ofcontracting touch
ing the damages sustained by such appro-
:priution, such corporation shall deliver to
such owner or guardian copy Of such in.
sstrument Of appropriation. If tho owner
or his guardian, in case such owner is in
capable Of contracting be unknown, such
corporation shall publish in some news
paper in tho District. to be designated by
said court, for the term Of six weeks, an
advertisement reciting tho substance of
such instrument of appropriation. Upon
fixing such act Of appropriation and deliy-
cry Of such copy, or making such publ
cation, the supreme court for tho District
of Columbia, upon the application Of 9th
er party, shall appoint by warrant three
disinterestcd freeholders of the ncighbor-
hood on which the land lies. to nppraise
tho damages which the owner Of the land
may sustain by such approximation; such
appraisers shall be duly sworn; they shall
consider tho injury which such owner may
sustain By reason of such railroad, and
shall forthwith return their assessment of
damages to the clerk Of tue said court, set
ting forth tho value Of the property taken,
or injury done to the property, which they
assess to the owner. on owners. separately,
to be by him lied aud recorded; and there
upon such corporation shall pay to said
clerk the amount thus assessed, or tender
the same to the party in whose favor the
damages are awarded, or assessed, and on
making payment or tender thereof, in the
manner herein required, it shall DO lawful
for such corporation to hold the interests
In such lands or materials on said roadway
within fifty feet on each side of tho centre
of such roadway, for the uses'aforesa i'd
The cost Of such award shall be paid by
such company; and on notice by any party
interested aud showing said proceedings.
court may order the payment thereof, and
enforce such payment by execution. The
award Of said arbitrator may BIO reviewed
by the said court. in which such proceed
ings may be had, on written exceptions
filed by either party, in the clerks. Office,
within ten days after the fling of such
award, and the court shall take such order
therein as right aud justice may require;
by ordering new appraisement, on good
cause shown: Provided, That notwith-
standing such appeal, such company may
take possession Of the property therein de-
scribed as aforesaid, and the subsequent
proceedings on tho appeal shall only affect
the amount ofcompcnsation to be allowed,
fif prior to the assessment the corporation
shall tender to such owner or guardian,
and in case Of refusal to receive the same
shall paylnto court, if he be unable to
contract, an amount equal to tue award af-
forwards made, exclusive Of costs. Tho
costs Of arbitration shall DO paid equally
by such company and such owner orguar-
dian.
$50 %. And be Il further enacted,
That there are any adverse or conflicting
claimants to the money, or any part Of it,
to be paid as compensation for the real cs-
tate taken, the court may direct the money
to DO paid into said court by the company,
until it can determine who is entitled to
the same, and shall direct to whom the
same shall DO paid. and may Units discre-
Ation, order a reference to ascertain the
facts in which such determination and or
der are to be made.
SIC. %. And5e It further enacted,
That the court shall appoint some compe-
tent attorney to appear for and protect the
rights of any party in interest who is un-
known, or whose residence is unknown,
and who has not appeared in tho proceed
ings by attorney or agent; tho court
shall also have power, at any time, to