Page:United States Statutes at Large Volume 26.djvu/710

 656 FIFTY-FIRST CONGRESS. Sess. I. Ch. 1268. 1890. said crossing, intersection, or junction is desired, asking to have the damages for said right of way, crossing, intersection, or junction assessed, and upon_the nling of s_uch petition, in term time or vaca- Appointment or tion, the court or judge thereof in vacation shall forthwith appoint °°““‘“““*°“°”” three disinterested citizens of the United States res1ding in said Territory as special commissioners to assess said damages, gwing preference to those who may be agreed upon by the two parties. _ om. Sec. ‘3. That the said cognioissioinexésd shall toe svoolrntoy the judgs - or an omcer authorized aw o minis r pa s assess sai damages fairly and impartially according to law. They shall appoint as early a dayas practica le and a p ace as near as ofacticab e H¤¤‘|¤8¤· to said ploint of croslsinptolr junloltion for the heormlg {of the plaripes, and sha notif eac o e a ies in wri ing 0 e 1me an p ace so selected at least five days? before the hearing, which notice may be served on an officer, agent, or attorney of said corporation or management of tlhe railroad to be notified, and by any oerson complotept to testify. blf nojticegslhtall nc? be tpetrfectoduat the tome se; t e earing may e pos pon rom 1me 1me 1 service ereo shall be rfected. P¤*¤¤~ Sec. 4.pcThat the said commissioners shall have ipower to compel the attendance of witnesses and the production o testimony, and ssnumd dam- mc. 5. a a e ime an ace a o1n e e comm1ssioners l°s““““$}’E” E “l11i; t .1 1 - t d th · · · '*°* shall meet and prpceed to f11d1y llear tlpgjnagties interestep. iapd shall assess the actua ama es,an sus aine y reason o e crossing or junction soughté they shgl. reduce their decision to writing, stating therein the amount of damages, if any, awarded, the amount of costs, with each item tpereof an agaiost  pzrty adjudged, and shall without dela ii e said statemen, wi a the papers con- ' nected with the case, ih the offilop of tlhe clerk of said com-:. h H UP°¤ P°Y*¤¢· °*·°·• Sec. 6. That if the art see 'n the crossing or junc ion s a §e€°g.mp” my pay to the other party, oi: deposit? with the clerk of said court for the use of the other party the damages and costs so assessed and awarded against it, said party shall have the right upon said pay- - ment or deposit to epter upon tho right og watylocfl t olother party and to cross, intersec, join, or uni e i s roa W1 e o er ra.1 roa in accordance with the award. ¤,£‘?_;‘,,F'°”‘,,,,,,W,,°°,",, “" Sec. 7. That if either party be dissatisfied with the decision of ` the commissioners it may, within ten days from the filing thereof, nle its exceptions thereto in writing, setting forth the particular cause or causes of objection, and thereupon the adverse party shall be summoned, and said cause shall be tried and determined as other mgm er accepting causes in said court. But nothing in this section shall be so cnnmfm strued as to deprive the railroad company seeking a crossing from acce ting the report of the commissioners, and paying mto the court the fiill amount of the award of damages made by the commissioners,hand mimeefiatioly thereafter oo crossifintersect, join, or upftg mmm or deusm, wit the 'ne 0 the o osin rai wa. no excep ions are e ""°°‘“’°'°°°‘ within said time the judge shzil cause the said decision to be recorded in the minutes of his court, and shall make the same judgment of his court, and may issue the necessary process to enforce the same: ¤¤¤u>e¤¤¤¤¤¤ ¤f Sec. S'. That commissioners shall be entitled to receive for their °°mm""°°"‘, services five dollars each for every day they are engagpd in the performance of their duties, which they shall include int err statement of costs and which shall be paid as such. If the commissioners or suppnymgmuncm  of   shall oe unable or for any cause fail to ac: the coprttlor Ju gc S a appoin a commissioner or commissioners 0 Supp y e lace or laces of those failin to act. nemmmmou or P Sec. 9}) That the costs of thi proceedings before the commissioners °°““· and in the court shall be determined as follows, to wit : If the commissioners shall award greater damages than the said company offered to pay before the proceedings commenced, or if exceptions are