Page:United States Statutes at Large Volume 14.djvu/327

 THIRTY-NINTH CONGRESS. Sess. I. Ch. 278. 1866. 297 represent in court the person disqualified, as aforesaid, from appearing, when 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 effect 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. Proceedings And in case any party shall have a right or claim to any land for a term whe-irc_ the iuof years, or any interest therein, in possession, revexsion, or remainder, £“;:;_tl;"t;¥;1:Qd the value of any such estate, less than a fee simple, shall be estimated years, 3,0,; and determined in the manner hereinbefore set forth. And in case it Wh¤¤‘¤l¤¤<}¤' shall be necessary for the company to enter upon any lands which are un- zxhgxggglgg occupied, and of which there is no apparent owner or claimant, it may pai-cntowaer. proceed to take and use the same for the purposes of said railroad, and may institute proceedings, in manner described, for the purpose of ascertaining the value of} and of acquiring a title to, the same; but the judge of the court hearing said suit shall determine the kinds of notice to be served on such owner or owners, and he may in his discretion appoint an agent or guardian to represent such owner or owners in case of his or their incapacity or non-appearance. But in case no claimant shall appear within six years from the time of the opening of said road across any land, all claims to damages against said company shall be barred. Sec. 8. And be it further enaclcd, That each and every grant, right, Bielw wd and privilege herein are so made and given to and accepted by said At· £;=;v;Qg°;:£t;%i° lantic and Pacific Railroad Company, upon and subject to the following and accepted, conditions, namely: That the said company shall commence the work on g‘l;°” °°°dm°“'· said road within two years from the approval of this act by the President, work, when and shall complete not less than fifty miles per year after the second year, to be wmand shall construct, equip, furnish, and complete the main line of the "$;2;$g:1';)‘?°ud_ whole road by the fourth day of July, anno Domini eighteen hundred and seventy-eight. Sec. 9. And be it further enacted, That the United States make the Ifconditions several conditional grants herein, and that the said Atlantic and Pacific :;;g;‘:1l;°';°";°}]° Railroad Company accept the same, upon the further condition that if the yar, the United said company make any breach of the conditions hereof, and allow the ;¤¤¤¤1:¤¤=*>' °3¤¤· same to continue for upwards of one year, then, in such case, at any time P mt ° ma ' hereafter, the United States may do any and all acts and things which may be needful and necessary to insure a speedy completion of the said road. Sec. 10. And be it further enacted, That all people of the United Wh<>m¤y¤¤¤— States shall have the right to subscribe to the stock of the Atlantic and s°"‘b°*° “°°°k' Pacific Railroad Company until the whole capital named in this act of incorporation is taken up by complying with the terms of subscription. Sec. 11. And be it further enacted, That said Atlantic and Pacific Railroad to La Railroad, or any part thereof, shall be a post route and military road, sub— ¤ §i?$* muotzdmd ject to the use of the United States for postal, military, naval, and all mumy I ' other government service, and also subject to such regulations as Con- Charges for, gross may impose restricting the charges for such government transporta- $‘;‘;‘;;‘t‘£Q°n tion. ` Sec. 12. Aml be it further enacted, That the acceptance of the terms, Acceptance of conditions, and impositions of this act by the said Atlantic and Paciic ghf’sg0;°“£:*‘°’:: Railroad Company shall be signified in writing under the corporate seal bg in wiiting, of said company, duly executed pursuant to the direction of its board of Md Withirl ¤W<> directors first had and obtained, which acceptance shall be made within yu"' two years after the passage of this act, and not afterwards, and shall be deposited in the office of the Secretary of the Interior. Sec. 13. And be it further enacted, That the directors of said company Annual report. shall make and publish an annual report of their proceedings and expenditures, verified by the affidavits of the president and at least six of the directors, a copy of which shall be deposited in the office of said Secre-