Year: 1872

Legislature Of this State:-


Where the road, or any branches
of said company are located II the
owners of the land on which the same
may be located, or their agents, and
the officers and agents of said company
cannot agree upon the value OF such
land, as the said company may deem
necessary to use and occupy for their
railways, sidings, depots, shops,
warehouses and stations, the said com,
pany may have and hold such land
for its sole use and benefit in the man
ner following-to wit: The said com
panv shall make out particular des,
cription of such lands, in writing,and
file it in the clerks office of the circuit
court of the county in which such
lands are situated, stating therein the
sum they propose to pay therefor
and also to file herewith a bond,
with good security, to be approved by
the Judge of said court, co nditioned
to pay all that may be recovered against
the company, as hereinafter provld'
ed; and thereupon the company may
enter upon and take possession OF
such lands so described, and proceed at
onco to operate, work upon, and use
the same, for the purposes designated
in such description; but in no case
shall the amount of land for the
tracks, either single or double. OF SAID
road, or branches, exceed slXty-slX
feet in width, except III cases OF cuts
and fills; and the owner OF such land,
or his agent, may file with the clerk OF
such court, his, OF her claim therefor,
in which shall be stated the sum he, or
she, may demand for such land, and
the said court shall invocation or other
wise within 20 days thereafter, appoint
five disinterested persons to act as com
missioners, for the purpose OF ascertain
ing a Just compensation therefor, any
three of whom may act, and sign any
report; but in no case shall the court,
appoint, for such purpose, any person,
or persons, through whose land sad
road is to pass; and the sheriff OF the
county after such appointment IS made
by the court, shall summon the sad
commissioners to meet on the land at
such time as he may appoint within ~
days after such appointment, giving
DAYS notice to the parties Interested,
and the sheriff shall administer All oath
to the commissioners, which he ls here,
by authorized to do, that they, and
each of them, will fairly, impartlalIy
and honestly, ascertain what viii be
just compensation to the person entitled
thereto. for SO much thereof as is pro
posed to be taken, and for damage to
the residue of the tract, beyond the pc
culiar benefit to be derived in respect
to such residue from the work to be
constructed, and return their report,
signed by them, or any three OF them,
to the clerk of the circuit sourt OF the
county, setting forth the amount, II any,
to be paid by the company which re-
port shall be certified by the sheriff
Whereupon the said company shall pay
into court, or secure to be paid, the
compensation ascertaincd therefor by
entering bond and security for double
tho amount Of said commissioners
award;and any and all reports and awards
heretofore reported, returned or gwen
under any act, or acts, OF tins State,
heretofore passed, shall be and are
hereby annulled and set aside, SO far as
the same are applicable to said com
pany; and condemnation and report
Shall he made according to and pursu-
ant to the requirements Of this act; and
on the first day of the next term OF the
court, the Judge thereof shall direct
judgement to be entered on said report,
for the amount 50 ascertained by said
report, if no exceptions be taken, i'll
writing, by either party, but If eXcep-
tions be taken and filed thereto, the
court shall submit the matter III dispute
to a iurv of twelve men, selected ac-
cording to law, except the right Is
piyen to the company to object, and It's
objections shall be sustained, to any
Juror who may be an owner OF, or III
terested in, land over which said road
will pass, and the cause shall be tired
as anv other cause in court and the
Jury shall by their verdict ascertain
what will be a just compensation for
the land so taken;andi in ascertainlng such
condensation the jury shall take into
consideration the peculiar benefits to DC
derived in respect to such residue from
the work to be constructed, and there
upon a judgement shall be entered up
on the verdict, unless new trial be
GRANTED. The court shall have the
bower to determine which party shall
paw the costs Of the proceedings, II
a greater compensation is allowed for
said land by the jury than by the com
missioners. If they allow by their
verdict the same compensation, or less,
then the party filing the exceptions
shall pay the costs of such proceeding
Nothing in this section contained shall
be construed to deprive said company
of the right to proceed otherwise to
secure such right of way, for the pur-
poses aforesaid, as directed by the
Code.


No bonds shall be issued, nor shall
any money be paid OF account Of any
subscription made under any OF the
provisions of this act, until the said rail
road shall have been placed under actu-
al contract fol construction within the
county, township or municipal corpora
=: .ol,;no, sucb snhScYintian. and no