Page:United States Statutes at Large Volume 25.djvu/893

 848 FIFTIETH CONGRESS. Ssss. II. Ch. 375. 1889. structures and works which it shall deem necessary for the purpose of its incorporation; but the land which It shall have the r1ght to acquire for the construction of such road and works shall not_ exceed an amount to be hereafter agreed on between said corporation and the commissioners of the District of Columbia. _ rumas Sec. 9. That said Washington and Sandy Spring Narrow Gauge Railroad Company be, and they are hereby, authorized to issue their bonds to aid in the construction and equipment of 1ts railroad to the extent of sixteen thousand dollars per mi e for each any every mile · or fraction thereof, and to secure the same mortgage on 1ts property, rights of way, and all property whatsoever, real, personal, and mixed, including its franchise as a corporation; and as proof and notice of its legal execution and effectual delivery said mortgage shall be liled _ and recorded in the office of the register of deeds or the District of Columbia. . . C¤¤Pl¤**¤¤· Sec. 10. That the railroad herein authorized to be built shall be completed and in operation within three years from March first, eighteen hundred and eighty-nine, and in default of such completion within the time in this section specified, all rights, franchises, and privileges granted by this act shall immediately determine. B¤<=¤’¤!8!¤¤•*¤*l¤¤¤ Sec. 11. That if the corporation can not agree with the owner for °°”S°°”"°f”°d“ the purchase, use, or occupation of land, gravel, earth, timber, or ‘ other material required for the construction, enlargement, or repair . of any of its works, or if the owner be a married woman, infant, non compos mentis, or out of the District, the said corporation may apply to the marshal of the District of Columbia, and he shall issue his warrant or summons for a jury to meet on the land at a day therein speci-, fied, and being not more than ten nor less than five days thereafter. S¤¤¤¤°¤*°8 ¢|“¤’- Sec. 12. That the said United States marshal shall accordingly summon eighteen disinterested men, not related to either party; and if any of them refuse to attend, he may then summon or call others immediately to make up)the number of eighteen. Each party have the rxilgghtjin person or y attorney or agent, if present at the time, to ste off t ree, and the marsha shal strike 0E such as sharl not be so stricken off by the parties, until the number shall be reduced to twelve, who shall be a jur. · _ 0<>¤d¤¤¤¤¤¢i¤¤ by Sec. 13 That the marshal shall then administer an oath or affirma- ""7‘ tion to every person of the jury that he will impartially and to the best of his ski l and judgment value the land or other property reqlpired by the corporation, and also, if the same be land required for t e construction of the said railroad or work, the damage which the owner will sustain, if any, by the taking of the land for such use. The jury shall according y inquire of such value and damage, and make report thereof in writin, to be si ed by them all, and setting forth in case of land the bounédaries of 5; land and the estate, intermpmor mquuuon. est, or use to be taken by the corporation. Such in uisition and report shall be returned by the marshal to the clerk of die circuit court of the District of Columbia. Pi-oceedmgsmcoum Sec. 14. That such inquisition and report shall be confirmed by such court unless good cause be shown to the contrary, and when · confirmed shall berecorded by the clerk of said court; ut for cause the court may set it aside and order another inquisition, or more than one from time to time, to be conducted in like manneras the iirst and · with like edect, until an in uisition and report shall be connrmed by the court. Upon such conhrrnation of the first or an subsequent inquisition an report, and upon payment or tender ofy the amount fixed rn the inquisition to be paid by the corporation, either to the owner_or in court, as the court shall order, the said corporation shall be entitled to the property absolutely, 'or for such estate, interest, or use as shall have een va ued and described in the inquisition and report, as fully as the same could be vested in the corporation by a