Page:United States Statutes at Large Volume 14.djvu/284

 254 thlR'l`Y—NlNTH CONGRESS. Sess. I. Ch. 263. 1866. netbe pur- from the owner thereof, or the owner thereof shall be a femme covert, in-
 * l:ls:lfl;s°G‘:3:r fant, non eompos mentis, imprisoned, or resident beyond the -District of

dis,,;,;;;;,-_ Columbia. then application may be made by the president of said company to the chief justice of the supreme court of the District of Columbia, for the appointment of three persons, who shall be freeholders in said District, Qummmsion as a commission of inquest of damages, and who shall go upon and inspect g;::1g‘;f* °f any property proposed to be taken by said company for. the purposes contemplated pylfhis act and thtifoie apyt psrscn sodappoirgied assucl;] cpmmissioners a procee to ac e sia a e an oa or a rmationt a c will fairly and truly value the damages sustained by the owner or owners of any property by the use and occupation of any such real estate, water algeporttso be rights, or other property, by said company; and said commission shall rem °· duce their inquisition or finding to writing, and sign and seal the same, and it shall then be returned to the said chief justice, who shall tile the · same in the office of the register of deeds of the city of Washington. But N°**°°· no such inquisition shall be had until after ten <lays’ notice thereof has been served on the owner of the real estate so to be taken, when he resides in the District of Columbia, or by publication of notice in one or more of the daily newspapers published in the city of WH-ishington, for twenty days where such owner resides beyond said District. W`hen the owner is a. lemme covert, the notice shall be to her and her husband; when he is a minor, to his guardian ; and when he is non compos mentis, to his committee, or the person having charge of his estate. The said Rgp¤ftd¢¤b¤ report shall be confirmed by the supreme court of the District of Co- °°" ""°lumbia at its next term after the return of said report, unless for cause Inquest may shown to the contrary. And where good cause is thus shown, the said M s°° “S"l°‘ chief: justice shall set aside said inquest, and appoint another similar commission, who shall qualify in the same manner, and whose inquisition shall be taken, returned, filed, and confirmed, or set aside for good cause shown, in the same manner as the first inquisition was taken, returned, filed, and _N¤wd¤9r¤¤}iS- confirmed, or set. aside. And such commission and inquisition shall be re-
 * ?;;;?-,,°;;q;:m newcd as often as may be necessary, until the inquisition made shall be

toPtime. k confirmed. Such inquisition shall describe the property taken by metes '°P°"Y*“ B" and bounds and the valuation thereof shall be aid or tendered within b d il d ’. . . . . P. . . o
 * 2,,, zuisimne ’ ten days after the contirmauon of such inquisition by said district court;

paid. and when such valuation or damaves are so paid or tendered, said compa°;°;;l;:;el:0f pany shall have a full and pertecf right to enter upon, use, occupy, and inquisition. €D_]0y Spy property s0 valued during its corporate existence, and all ex- Tous and pexéshe; ngcuppedl py simh jpquisitiopghepllbplpaipl said eorppanynd ‘ . . n ez ur ter mace, a its a e awu orsai com- """' pany to levy, demand, and receive such even tolls and rents for the use of the wharves and docks of said company on said extension, or for freight transported by said company, or thr the passage through said extension of boats, rafts, or any other water craft, as a inajority of the directors at any regular meeting shall assess therefor: Provided, That the Congress of the United States shall at all times have power to increase or reduce such tolls or rents. 6b\g¤:)¤L:€¢¤;)_ Sec. 4. And be itfurlhcr enacted, That the said canal extension, when lic highway? completed, shall forever thereafter be esteemed and taken to be a public highway for the transportation of all goods, commodities, or produce of every kind and description, and for all canal boats, rafts, or other water crafts of every kind whatever, upon the payment of such tolls or rents as ":’¤;>tli:hg*°P· are authorized to be imposed by this act. Un¥[°d Sum, to Sec. 5. And be it further enacted, That the said company shall permit go through n-ec all public property belonging to the United States to pass through said °g;‘;;ny when canal extension free of all charge or toll; and the said company shall, required w give from t1mc to time, as may be required, lay before Congress a juS|5 Bild 5::£'$,¤r¤¤ PZ true account of their receipts and expenditures on said extension, with 3 °"!"P statement of the clear rotits thereoi and exglendl. P turns,