Page:United States Statutes at Large Volume 18 Part 2a.djvu/83

 78 DISTRICT OF COLUMBIA. desirable, with a view to a more easy ascent or descent, the company may take additional lands for the construction of such_road or highway, or such new line as may he deemed requisite by the directors. Compsnsat i o u Sec. 647. Unless the lands so taken shall be purchased or voluntarily ¤-27.v-16.1¤-114- ter as nearly as may be, and duly made by such corporation to the owners and persons interested in such lands, and the same, when so taken and compensation made, to become part of such intersecting road or highway, in such manner and by such terms as the adjacent parts of such highway may be held for highway purposes. _Right to acquire Sec. 648. In case any company formed under this chapter is unable Ibid.,s.21,p. 112. of the track, turn·outs, and water-stations, it shall have the rightto acquire the title to the same in the manner and by the special proceedings prescribed in this chapter. Afpropriation of Sec. 649. Such company is authorized to enter upon any land for the hu ¤· purpose of examining and surveying its railroad-line, and may approima., s, ai, Pp_ priate so much thereof as may be deemed necessary for its railroad, 112,113. including necessary side tracks and water-stations, materials for constructing, except timber, a right of way over adjacent lands sufficient to enable such company to construct and repair its road, and a right to _ _ conduct water by aqueducts, and the right of making proper drains. dD°°°¤P:*°§ *°_;>; Sec. 650. The corporation shall forthwith deposit with the clerk of ,,,g,§,°°‘}-1c0‘:H,7V‘ the supreme court of the District a description of the rights and inter- -?-—-i ests intended to be appropriated, and such land, rights, and interests md- shall belong to such company, to use for the purpose specified, by making or tendering payment as hereinafter provided. fP¤'°h¤¤°°f¥¤¤d¤ Sec. 651. The corporation may, by its directors, purchase any such “" °’ lands, materials, right of way, or interest of the owner of such lands; +..1 or in case the same is owned by a person insane, or an infant, at a price to Ibm- be agreed upon by the regularly-constituted guardian or parent of said insane person or infant, if the same hall be appraised by the court, and on such agreement and approval, the owner, guardian, or parent, as the case may be, shall convey the premises, so purchased, in fee-simple or otherwise, as the parties may agree, to such railroad company; and _ the deed, when made, shall be deemed valid in law. P¤><=¤¤d1¤z¤ i¤ Sec. 652. If the corporation shall not agree with the owner of the $,;,8:** °f“¥’P'°P““' land, or with his guardian if the owner is incapable of contracting, ..g—.;.. touching the damages sustained by such appropriation, the corporation Ibid- shall deliver to such owner or guardian a copy of the instrument of appropriation. ti Noticg byhadvvr- Sec. 653. Ifthe owner, or his guardian in case such owner is incapa- ble of contracting, be unknown, the corporation shall publish in some Ibid. newspaper in the District, to be designated by the court, for the term of six weeks, an_ advertisement reciting the substance of such instru- _ ment of appropriation. A1>1>9¤¤¤m¤¤¢ ¤f Sec. 654. Upon fixing such act of appropriation and delivering such copy, or making such publication, the supreme court for the District, Ibid. upon the application of either party, shall appoint by warrant three disinterested freeholders of the neighborhood on which the land lies, to zpprrgise the damages which the owner of the land may sustain by such pria ion. dae];E;*s¤ ¤¤¤¤¤f of Sao, 655. The appraisers shall be duly sworn, and they shall consider ____;__ the injury which such owner may sustain by reason of such railroad, Ibid. and shall forthwith return their assessment of damages to the clerk of the court, setting forth the value of the property taken or injury done to the property, which they assess to the owner, or owhers separately, to be by him filed and recorded. dP¤y¤¤<>¤t or ten- Sec. 656. The corporation shall pay to said clerk the amount thus _$’]`;.___;__ assessed, or tender the same to the party in whose favor the damages Ibid. are awarded or assessed, and on making payment or tender thereof, in
 * `°l'1¤“d· given for the purposes mentioned in the preceding section, compensaemay, 1870, c. so, tion therefor shall be ascertained in the manner provided in this chap-
 * 1** *° ]°'-‘d°· to agree for the purchase of any real estate required for the construction