The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-03-05

thereon for he purpose Of making such survey map such
the necessity c alleging that has made survey and map
such land pated its road canal through such
and dled cegcaes Of such location herenbeore required
Said peo shall further that the Of such land
f the purpose Of operating constructing
railroad canal and that such corporation has acquired
the right To use the IL shall aiso the or
Of tie party parties in Of such land
Of those who own who claim own the
Provided Tie claimants known the petitioner and IL
any such persons infants their ages may be-
must be stasd II idiots of unsound mind
SEQ On the presentation such petition to the Judge Of
such Crcu Court he shall make order directed the
am 70 serve
in which such nd is situated Commissioners
days from te day Of the order proceed
to take stes appase and value the said land oat
well and truly do, to be administered by any officer
thorzed to administer oath and fix the of
pensation t be made to the of such land
such corporation.
Sec 4. Said Commissioners shall at their first meeting
notce to e given to the of such land
of the time when, and place where they will consider
the of which the owners of
such land shall be entitled which be served at
ten days before the time of such meetng personally
attorney orby leaving the copy thereof at his resi-
dence place of business with person the age een
years If any other of such land a
county, bis residence unknown he has author
lied agent attorney in the county, such notice shall be
published for four consecutive weeks in a newspaper published
in the county, If newspaper be published in the county,
then in the newspaper published the Circuit such
county If any such be infant insane
and in snch manner the Judge shall direct The said
commissioners shall file with their proof of the service
OF such notice. compliance with the requirements of this
secton the appearance Of before
them, either personally by agent attorney and
such after due notice shall fail appear either per-
sona by agent attorney the also be stated
in the report Of said commissioners but it shall be
publish notices any subsequent meeting
held pursuant to adjournment The commissioners shall
the land described in the petition hear the allegations
parties and shall apprase ascertain and determine the value of
each tract or parcel of land proposed to be taken
separate estate therein and the damage that will be
sustained by the owner or owners bv reason of the
taking thereof and they shall FIX the the COM
pensaon to be made to each the thereof major
ity of the commissioners may determine all
them. The said commissioners shall, within days after
viewing the land mentioned in the petition file office
the Circuit Court of such county report their proceedings
concerning such land setting forth the
ton awarded by them the or parcel of
land They shall be entitled f their services
proceedings shall be paid By the
ton fling the petition provided for in section
SEC When ouch report has been fled prescribed in
within ten days after the date of the filing of report
file with the clerk Of said COURT his their written protest
against the confirmation of such report setting forth the
why the should not be confirmed and it shall
duty of the said agde hear the parties witnesses
and determine the matter at early day practicable
Should such such hearing show good
why such should be confirmed judge
shall refuse confirm the and he sha order and cause
to be taken such further proceedings matter
slstent with this act in his Judgment right and justice
sufficient shown why said report should not
be confirmed should protest be fled pro-
vde days from the date of the filing of such
the said judge shall make order confirming report
payment to the of the rail-
or canal OF the amount awarded him
by the said
land, payment thereof to the clerk such Court
subject the order of such
ing the report of said commissioners shall
on the chance order book of said court and shall
become judgment and decree court and the
right to such land shall thereupon corporation
its assigns and they shall have the right hold
and the for the purposes Of the corporation to
take and appropriate absolutely such stone
timber material may be necessary for the con-
structon operation railroad canal so long "a sucb
for the operation Of such railroad
said rights shall fully in corporation as il the
owner or owners Of such land had given the by duly
executed lease Proodd hooever That at any time such
corporation its successors assigns shall operate
such railroad canal in conformity with the object
corporation set forth in s charter articles of ncopoa
ton such and all the rights Herewith connected
by such corporation by virtue of this act shall the
owner thereof or to his heirs in of his death
SEo s. At time after the entry the order confirming
the in the chancey order book as pre-
scrbed in the foregoing secon the railroad or canal com
pany on due proof of the obtain assist
from said under the order Judge to put such
or canal in of the land
to their aforesaid.
SEo The said Judge the Circuit shall have power
at time amend any defect nfomay in any Of the
proceedings authorized by this that may require amend
ment to parties to be added direct further
to be given to in interest," NAV deem
OF the mentioned in this place any who
shall dle refuse neglect incapable of
SEQ That whenever the land sought be condemned to
the OF such corporation owned by under
any law OF this State of oherncopoaed railroad or ca
nal company which is constructing operating its railroad
or canal the uee of land than necessary furnish
to the petitionng corporation right of exceeding one
hundred and m feet in width such railroad canal
shall De condemned to such and whenever of
street. public way any part thereof within
any incorpoated city town. provisional municipality in
TINS State required by such corporation mentioned
tine OF this for the Of ncorpora
ion the use such street. square public way or
part shall granted only by the Mayor Board Of
CITY and
missi'mers OF ouch provisional municipality.
SEC That l laws and of laws conflict with the