Page:United States Statutes at Large Volume 17.djvu/454

 414 FOR.TY—SECOND CONGRESS. Sess. III. Ch. 46. 1873. Limitation. Lookout Railroad Company shall have power to construct only one mil. road within the said District, and also the said branch road. Right ofway Sec. 2. That before the Washington City and Point laookout Railroad
 * $g:’;f’°* Company aforesaid shall proceed to construct any railroad which they

,.0,,,} ,,,8,, be 0b_ may lay out or locate on, through, or over any land or improvements, or tained by assent to use, or take for use any earth, stone, or other materials necessary °f°"'““· for the construction of said road, on any land within the said I)isii-ici, they shall first obtain the assent of the owner of said land, improvements, or materials, or if such owner shall be absent from said District, or shall refuse to give such assent on such terms as the said company shall approve, or because of infancy, coverture, insanity, or any other cause, shall be legally incapable of giving such assent, then it shall be Proceedings lawful for the said company to apply to a judge of the supreme court of Hj;°{:n?j”jf’;i0‘€f the District of Columbia, who shall thereupon issue his warrant, under ,,,,,,,,7 0, ,,,,3 his hand and seal, directed to the marshal of the said District, requirin sbscurfioui the him to summon a jury of twenty citizens of the said District, none og D‘“"°°‘ whom shall be interested, or related to any person interested in the land or materials required for the construction of the said railroad, or a stockholder, or related to any stockholder in the said company, to meet on the land, or near to the other property or materials so required, on a day named in such warrant, not less than ten nor more than twenty Inquisition to days after issuing the same, to proceed to value the damages which the °g“’ the use or occupation of the same required by the said company ; and the proceedings, duty, and authority of the said marshal in regard to such warrant and jury, and the oath or affirmation to be administered, and inquisition to be made and returned, shall be the same as are directed and authorized in regard to the sherid, by the tenth section of the said act of the general assembly of Maryland, approved April fo1u·th, eighteen hundred and seventy, and all other proceedings in regard to such jury, and the estimation and valuation of damages, and the payment, or tender of payment of any damages, ascertained by such valuation and effect thereof, and of the view of any lands, or other property or materials, as to giving the said company a right to use the same for the use or construction of their railroad within the said District, as hereby authorized, shall, in every case and every respect, be the same as is provided in and by the before-mentioned act of the general assembly of the State of Maryland, in regard to any railroad to be constructed by the Washington City and Point Lookout Railroad Company, in the State of Mary- · tobe returned land: Provided, That whenever, by the said act, the inquisition of the wwhut ¤v¤1‘t· jury is required to be returned to the clerk of the circuit court, to be confirmed by said court at its next session, if not sufficient cause to the contrary be shown, the inquisition or inquisitions under this act shall be returned by the marshal to the supreme court of the District of Columbia, which court shall have the same jurisdiction and powers over the subject-matter as the said circuit court have under the act of the general assembly of Maryland aforesaid. gig;,,,,,-,,,,,,,,] Sec. 3. That in all cases where a condemnation and valuation of lands by either p¤r¤y· or materials shall have been made under section two of this act, either party may appeal to the supreme court of the District of Columbia within thirty days from the rendition of the verdict of the jury; and in all cases C,,,,,,,,,,,,',,,,- where the said company shall take an appeal they shall give bond to pwléngto give the party or parties claiming and entitled to damages in a penalty at °°least double the sum found by the jury, with a condition that the said company shall pay, or cause to be paid, such amount of damages and costs as the party or parties may be entitled to receive on the judgment of the said supreme court, without delay, and on which bond ample and tsufficient sureties shall be given, to be approved by the said supreme cour
 * "*l¤*f**¤° d¤¤¤· owner or owners of any such land or other property will sustain by