Page:United States Statutes at Large Volume 13.djvu/385

 TI-IIBTY-EIGHTH CONGRESS. Sess. I. Ch. 216. 1864. 357 shall be deemed valid unless the Subscriber therefor shall, at the time of S¤b¤;>YlPE{!2 subscribing pay or remit to the treasurer of the company an amount per {meg, Q; ' share subscribed by him equal to the amount per share previously paid by the then existing stockholders. The said company shall make assess- Assessments. ments upon its stockholders of not less than five dollars per share, and at intervals of not exceeding six months from and after the passage of this act, until the par value of all shares subscribed shall be fully paid; and money only shall be receivable for any such assessment, or as equivalents for any portion of the capital stock hereinbefore authorized. The capital stock of said company shall not be increased beyond the actual cost of said _ Stock notto be mad. And the stock of the company-shall be deemed personal property, m$’°g°°*l· $31 and shall be transferable on the books of the company, at the general p,0;6,l;e office of said company in the city of New York, or at such other transfer office as the company may establish. Sue. 3. And be it _/itrther enacted, That the Union Pacific Railroad R¤ilr<>¤d¤ my Company, and all other companies provided for in this act and the act to {’g§ss“:gc§;Try which this is an amendment, be, and hereby are, empowered to enter upon, fm- mm, sw. purchase, take, and hold any lands or premises that may be necessary and proper for the construction and working of said road, not exceeding in width one hundred feet on each side of its centre line, unless a greater width be required for the purpose of excavation or embankment; and also any lands or premises that may be necessary and proper for turnouts, standing places for cars, depots, station housefs], or any other structures required in the construction and operating of said road. And each of said companies shall have the right to cut and remove trees or other materials that might by falling_encumber its road-bed, though standing or being more than one hundred feet therefrom. And in case the owner or claimant of such lands or premises and such company cannot agree as to the damages, the amount shall be determined by the appraisal of three dis- D=¤¤¤8¤¤· interested commissioners, who may be appointed upon application by any party to any judge of a court of record in any of the territories in which the lands or premises to be taken lie; and said commissioners, in their assessments of damages, shall appraise such premises at what would have Appr¤i¤¤m¤¤t- been the value thereof if the road had not been built; and upon return into court of such appraisement, and upon the payment to the clerk thereof of the amount so awarded by the commissioners for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. And either party feeling aggrieved by said assessment may, within thirty days, file an appeal therefrom, and demand 9. jury of Appeal from twelve men to estimate the damage sustained; but such appeal shall ”s°”m°“°• not interfere with the rights of said company to enter upon the premises taken, or to do any act necessary in the construction of its road. And said party appealing shall give bonds with sufhcient surety or sureties, for the payment of any costs that may arise upon such appeal. And in case the party appealing does not obtain a more favorable verdict, such party shall pay the whole cost incurred by the appellee, as well as its own. And the payment into court for the use of the owner or claimant, of a sum equal to that finally awarded shall be held to vest in said company the title of said land, and the right to use and occupy the same for the construction, maintaining, and operating of the road of said company. And in case any of the lands to be taken as aforesaid shall be held by any person residing without the territory, or subject to any legal disability, the Dgma as to court may appoint a proper person who shall give bonds with suillcient Md Of Siswt surety or sureties, for the faithful execution of his trust, and who may °"°“" represent in court the person disqualified or absent as aforesaid, when the same proceeding shall be had in reference to the appraisement of the premises to be taken, and with the same efect as have been already described. And the title of the company to the land taken by virtue of this