Page:United States Statutes at Large Volume 16.djvu/147

 FORTY-FIRST CONGRESS. Sess. II. Ch. 80. 1870. 113 or making such publication, the supreme court for the District of C0- B5*il'°°·‘l °°¤· 1umb1a,_u_pon the application of either party, shall appoint by warrant P°"`°°' three disinterested freeholders of the neighborhood on which the land 11es,to appraxse the damages which the owner of the land may sustain Apprgjgalof by snch appropriation; such appraisers shall be duly sworn; they shall d”~'¤¤S°¤ by consider the injury which sinch owner may sustain by reason of such md" °f°°u"’ railroad, and shall forthwith return their assessment of damages to the Assessment to clerk of the said court, setting forth the value of the property_ taken, or b° '°°‘“'¤°di¤°° injury done to the property, which they assess to the owner, or owners, cou"` separately, to be by him tiled and recorded: and thereupon such corpo- Corpumtion ration shall pay to said clerk the amount thus assessed, or tender the t° WY °l°'k same to the party in whose favor the damages are awarded, or assessed, 2l¤€:;ld;l·S:1lgsed’ and on making payment or tender thereof, in the manner herein re- Same *¤¥h¤ quired, it shall be lawful for such corporation to hold the interests in {’(?§:gQ’d°§$,°}Q,;':, such lands or materials on said roadway within fifty feet on each side &c.for such l of the centre of such roadway, for the uses aforesaid. The cost of such “”°si award shall be paid by such company; and on notice by any party in- ,,_,:gr§?y cost of terested and showing said proceedings, the court may order the pay- ment thereof; and enforce such payment by execution. The award of Award may said arbitrators may be reviewed by the said court, in which such pro-  *;*’f1°“;;dab¥ ceedings may be had, on written exceptions filed by either party, in the pei P P- clerk’s office, within ten days after the tiling of such award, and the court shall take such order therein as right and justice may require, by ordering a new appraisement, on good cause shown: Provided, That, Gompsnymay notwithstanding such appeal, such company may take possession of the *”l§° };;’:°’j§9¤ property therein described as aforesaid, and the subsequent proceedings ggplgépiyjuglgg on the appeal shall only affect the amount of compensation to be allowed, if prior to the assessment the corporation shall tender to such owner or guardian, and in case of refusal to receive the same shall pay into court, if he be unable to contract, an amount equal to the award afterwards made, exclusive of costs. The costs of arbitration shall be paid equally Costs of arbiby such company and such owner or guardian. t”‘°'°“‘ Src. 22. And be it further enacted, That if there are any adverse or Provisions, if conflicting claimants to the money, or any part of it, to be paid as com- ;l;°;::{,$c”;?:;”° peusation for the real estate taken, the court may direct the money to be claimants to the paid into the said court by the company until it can determine who is en- m°¤°Y· titled to the same, and shall direct to whom the same shall be paid, and may, in its discretion, order a reference to ascertain the facts in which such determination and order are to be made. Sec. 23. And be it further enacted, That the court shall appoint some n Gglzfxglne competent attorney to appear for and protect the rights of any party in $,;,.,,,,,0, right; interest who is unknown, or whose residence is unknown, and who has of parties whose not appeared in the proceedings by an attorney or agent ; the court shall Qfmfg 2;;;*;; also have power, at any time, to amend any defect or infbrmahty in any known and who of the special proceedings authorized by this act as may be necessary, or h¤;;3°* ¤P· to cause new parties to be added, and m direct such further notice to be l’°P,.,,<;(,,,,,,,g,._ given to any party in interest as it deems proper, and also to appoint igngzpe amendother commissioners in the place of any who shall die, or refuse, or°# · neglect, or are unable to serve, or who may leave or be absent from the District aforesaid. _ Sec. 24. And be it further enacted, That at any time after an attempt m$"£)l:3*:_',Z;·;';’;*ny t0 acquire title by appraisal of damages, or otherwise, if it shall be found defective mp, in that the title thereby attempted to be acquired is defective, the company same manner. may proceed anew to acquire or perfect the same in the same manner as 1f Court may no appraisal had been made ; and at any stage of such new proceedings the mmm cmp0N_ court may authorize the corporation, if in possession, to continue in pos- tion to remain in session, to take possession of, and use such real estate during the pendency m*s:§S*°¤ ° and until the final conclusion of such new proceedings, and may stay all 1,,,,,;.,,,,,), actions and proceedings against the company, or any officer or agent or action upon, &¤. VOL. xv;. Pun. - 8