The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1878-02-21

poses aforesaid, at rates Of compensa-
ton not exceeding the amount charged
to and paid for by private parties for
like services. r .al
Sec. Z. 1t shall be lawful for said
company, then agents or engineers, for
the purpose of exploring, surveying and
locating said road, to enter upon any
lands, and may acquire title to such rs
may be necessary to effect the subjects
of this act, by release, donation OF
otherwise, and may hold the same, or
sell and convey the same to others, or
use the same in any legal manner
deemed proper for the interests of said
company.
Sec. s. If said company cannot obtain
the right of way through private lands
by purchase or otherwise, or the owner
or owners thereof refuse to agree upon
terms, OF when the owner is unknown,
dead or under age, or an idiot, either
party may make application to the dis
trict or circuit judge, where the land is
situated, upon notice posted ten days
in some public place in the vicinity,
asking the appointment of commission
ers to appraise the land or property ac-
quired for the purpose of the road or
telegraph, and said damages, if any,
shall he appraised by said commission
ers; said appraiseinent shall he subject
to m appeal therefrom by either party,
if made within ten days, on giving
bonds for costs, to the district or circuit
court of the district wherein the prop
erty is situated.
See. Q. That upon such application
being made to such judge, he shall ap-
point five disinterested persons to act
as commissioners for the appraisal of
such damages, who shall take into con-
\ sideration the advantages and benefits
as well as the injury or damage to the
parties interested in such lands. Said
commissioners shall, by public notice,
appoint 4 time and place, and may adj
journ, if necessary, for hearing of par
ties, and proceed to examine the land,
ascertain and determine the damages.
if any, and, under oath, impartially and
justly to appraise the land in question,
and faithfully perform the duty to the
best of their judgment and ability.
They, OF any N of them, shall have
the power to administer oaths TO wit
nesses, and they, OF n majority of them,
shall make up and sign the award 70
the parties, embracing a description of
the lands and amount of damages to
each, and make u return of their pro-
ceedings and action to the judge of said
district OF circuit court. The commits
sioners making such appraisal shall I've
entitled to pay for their services at the
rate of three dollars per day and or
binary travelling expenses, which shall
be paid by said company.
If any person shall carelessly, wilful-
ly or maliciously hinder, delay or OBJ
struct the workmen of the road, or
passage of the trains, or in my manner
impair or destroy any tools. ears or
other property of said railroad, or per-
tanning thereto, or aid or abet any per-
son in the commission Of such over
acts or trespass, all such person or per-
sons shall forfeit and pay such COM
pany treble the amount of damages
proven, and to he recovered before any
court of competent jurisdiction, and
shall be liable to indictment and I'M
%prisOnment for n term not exceeding
five years, in the discretion of the court
or Judge trying the m
Sec. IL. That the said company are
hereby authorized tt issue bonds, and
secure the same by mortgage on Their
railroad, branches, privileges, fran.
chies and equipments, also their tele.
crap lines, and to sell the same in such
amounts, upon such terms, above or
below par, and at such rates of interest
as may be determined by said company,
and which shall be binding upon the
parties interested: PrOrided, horerer,
That said bonds shall not be issued for
a less sum than N thousand dollars
each. Subscriptions to the stock of
said company may be made in estate,
real or personal, oil both, in the same
manner as in cash; and said company
are hereby authorized to hold, purchase,
sell and convey the same, MS they may
deem best for their interest. e.
| Sec. II. That said company shall,
within a reasonable time after their
road or branches are definitely located,
cause a map or profile to be made of
the route of said road, and file the
same in the office of the Secretary of the
Interior.
Sec. 13. The said company shall have
power to make such contracts and ar
rangements with other railroad COM
panies whose lines may connect with or
intersect their WI as may be mutually
agreed upon by the parties, for leasing
Oh operating their roads, or any part
thereof, in connection with roads in
other States and Territories; and they
are empowered hereby to consolidate
their property and stock with each
other, such consolidation to take place
whenever such companies shall re-
spectively agree upon the terms and
conditions thereof; and they shall have
! III A. 1900. .--..l--1o - 1.I.r.l:..