Page:United States Statutes at Large Volume 13.djvu/398

 370 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 217. 1864. of the lands to be taken, as aforesaid, shall be held by any infant, femme covert, non -compos, insane person, or persons residing without the terrimggzdgrhiiwbgs tory within which the lands to be taken lie, or persons subjected to any unda myljagu legal disability, the court may appoint a guardian for any party under disability. any disqualincation, to appear in proper person, who shall give bonds, with sufficient surety or sureties, for the proper and faithful execution of his trust, and who may represent in court the person disqualified, as aforesaid, from appearing, whcn the same proceedings shall be had in reference to the appraisement of the premises to be taken for the use of said company, and with the same enect as has been already described; and the title of the company to the lands taken by virtue of this act shall not be affected or impaired by reason of any failure by any guardian to discharge faithfully his trust. And in case any party shall have a right or claim to any land for a term of years, or any interest therein, in possession, reversion, or remainder, the value of any such estate, less than a fee simple, shall be estimated and determined in the manner hereinbefore set forth. And in case it shall be necessary for the company to enter upon any lands which are unoccupied, and of which there is no apparent owner or claimant, it may proceed to take and use the same for the purposes of said railroad, and may inst1tute proceedings, in manner described, for the purpose of ascertaining the value on and of acquiring title to, the same; but the judge of the court hearing said suit shall determine the kind of notice to be served on such owner or owners, and he may in its discretion appoint an agent or guardian to represent such owner or owners in case mggigg lgx of his or their. incapacity or non-appearance. But in case no claimant yum shall appear within snr years from the time of- the opening of said road across any land, all claims to damages against said company shall be barred. C<>¤<lifl¤¤S of Src. 8. And ‘be it further enacted, That each and every grant, right, gn'"` and privilege herein are so made and given to, and accepted hy, said Northern racist Railroad Company, upon and subject to the following conditions, namely: That the said company shall commence the work on said road within two years from the approval of this act by the President, and shall complete not less than nfty miles per year after the second year, and shall construct, equip, furnish, and complete the whole road by the fourth day of July, anno Domini eighteen hundred and seventy-six. brg;§g'2g’;gK Sec. 9. And 6e it further enacted, That the United States make the ,,0,,,, gm, the several conditioned grants herein, and that the said Northern Pacific United States Railroad Company accept the same, upon the further condition that if the g’;Yl;;£Pl°t° said company make any breach of the conditions hereof, and allow the ` same to continue for upwards of one year, then, in such case, at any time hereafter, the United States, by its congress, may do any and all acts and things which may be needful and necessary to insure a speedy completion of the said road. AW BBN? Sec. 10. And be it further enacted, That all people of the United Egg? Sm °t° States Shall have the right to subscribe to the stock of the Northern Pacino Railroad Company until the whole capital named in this act' of incorporation is taken up, by complying with the terms of subscription; No méétgage and no mortgage or construction bonds shall ever be issued by said com- ““ ”’· pany op zazld road, or mofrtgagp, op lgegmmade in any way, except by the oonsen o e congress 0 e m e es. B¤il¤>¤d*=¤l>¤ Sec. 11. And be it jimtlzcr enacted, That said Northern Pacino Railglcsgtgxtsoggg road, or any part thereof; shall be a. post route and a military road, subject to the use of the United States, for postal, military, naval, and all other government service, and also subject to such regulations as congress may impose restricting the charges for such government transportation. , Cgfmléeui EQ Sec. 12. And be it further enacted, That the acceptance of the terms, flggcggnlazgsmgf conditions, and impositions of this act by the said Northern Pacino Railtggz, <iic.,of road Company shall be signified in writing under the corporate seal of