Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-03


tition, or If a nonresident OF the State or
is unknown, notice shall be given by
publication as now provided by law for
similar cases in Chancery, and all parties
having any interest in any way in such
land NAV be made defendants and the
proceedings will only affect the interest in
the land of those who are actually made
parties, and properly before the court by,
service of process or publication, unborn
remainder now being however bounded by
the decree or judgment of the couIt to
which all living persons in interest are
parties. %
3. Upon the court being satisfied that
the parties in interest are before the court
and no sufficient cause to the contrary is
shown. the court shall issue writ of in
oulry of damages to the sheriff command
inc him to summons jury to inquire and
assess the value of the land.so asked to be
appropriated, or by consent of the par
ties, jury may be selected who may in
uuire and assess the damages. Said ju-
rors if summoned by the sheriff and
which shall consist of five persons who
shall not be interested in the same on a
similar question and shall possess the qua
lifications of other Jurors and may be, if
deemed desirable, nominated by the court
or selected by consent of parties, or Sc
lected by the sheriff, if the court fails to
nominate or the parties select, and If
named by the court or selected by the
parties, any of the Jurors unable to at
tend when summoned, their place or
places may be supplied by the sheriff
either party may challenge any OF theJu-
rors SO summoned for cause or peremp-
torilly, as in civil causes. --
4. The sheriff shall give the parties or
their agents, if residents of the county,
three days notice of the time and place of
making the inquest unless further time
has been required by order of the court,
and the jury on the day designated, be-
fore proceeding to act, shall be sworn by
the sheriff, fairly and impartially without
favor or affection to lay off by metes and
bounds the land required for the proposed
improvement and to inquire and assess
the damages, and after being thus sworn,
the jury will proceed to examine the
ground and may hear testimony but no
argument by counsel, and set apart by
metes and bounds, the land required for
the railroad, sufficient quantity for the
purpose desired and assess the damages
occasioned to the owner thereby, and in
estimating the damages, the jury shall
give the value of the land without deduc-
ton, but incidental benefits which may
result to the owner by reason of the pro-
posed Improvement may be taken INTO
consideration in estimating the incidental
damages. Their report shall be reduced
to writing, signed by the jurors or ma
jority of them, delivered to the sheriff,
and by him returned to the court.
5. If no objection is made to the re-
port, it shall be confirmed by the court,
and the land asked for, decreed to the pc
titioners, upon payment to the defendant
or to the clerk of the court for his
or their use, of the amount of the
damages assessed. Upon the return
however of the report of the jury,
either party may object and the same may
on good causes shown be set aside, and
new writ of inquiry awarded, and either
party may also appeal from the finding of
the jury and on giving security for costs,
have trial before jury of the country,
in the usual way, and if the verdict of
the jury, on the trial in court afflrms the
finding of the jury of inquest, or is more
unfavorable to the appellant than the
finding of the jury of inquest, the cost
of the entire proceeding shall be sdjudg
ed such appellant; otherwise the court
may award costs as in its discretion may
seem right
6. The praying of an appeal shall
not suspend the operations of the corpo-
ration petitioning on kthe land, provided
said corporation will give bond, with
good security to be approved by the
clerk, in double the amount of the as
sessment of the jury of inquest, payable
to the defendants and conditioned to abide
by and perform the final judgment of the
court in the premises, and the owners of
land, over which said road is located, and
when possession has been taken by the
company, for the use of said railroad, the
owners shall commence their proceedings
for damages against the railroad for the
appropriation of their land for its neces-
sary uses, within twelve months after the
land has been actually taken possession
of and the work begun, or their right is,
and shall be barred, saving however to
unknown persons and non-residents,
twelve months after the actual knowledge
of such occupation, not exceeding three
years, and saving to persons under disa-
bilities of infancy, coverture and IN
soundness of mind, twelve months after
the removal of such disabilities.
s. The corporation thus incorporated
shall proceed and survey and locate the
route of the road, and actually commence
the construction, within five years from
the time of the decree of the court
granting to them charter, and shall con-
tinue such construction and complete the
work within such reasonable time, not
exceeding ten years, as the magnitude of
the proposed railroad may require; and it
shall file copy of the survey and loca-
ton of such route in the Registers Of
fees of the several counties through
which said road runs, and no material
alterations shall be made therein without
the sanction of the stockholders, at q
meeting specially called for the purpose,
and any change thus sanctioned shall be
filed in the Registers Office of the county
in which it is made. .-
9. By and with the consent of the
stockholders, first had and obtained, the
Directors, majority of said stoekhold-
ers only being required to give their as
sent, the Directors may increase the CAPT
tai stock to an amount necessary, in their
opinion, to complete the road. The Di-
rectors shall also, within q reasonable
time after their election, designate place
in some county through which the rail-
road is to be constructed, where the
principal Office of the company is to be
kept, notice of which shall be given in
the nearest newspaper to the point desig-
mated, and if any change is made of said
Office, notice in like manner be given of
the new location. The Directors may
establish the time for holding their meet
ings, may call special meetings of their
own body or of the stockholders, upon
such notice as in their opinion may be
right and proper; they may prescribe the
amount of each instalment to be paid on
the stock subscribed, the time, place and
mode of payment, and should any stock
holder fail to pay call, he may be sued
for the same, and upon recovery of judg-
ment for the amount due, execution may
issue as at law, and his stock in said cor
pOrStion be sold, the purchaser at the sale