Page:United States Statutes at Large Volume 26.djvu/846

 r111rY-r1ns*r oonennss. smss. 11. ou. 382. 1891. 793 before_ the payment thereof as the by—laws of said company may prescribe. Sec. Q. That said company shall commence the construction of its onmuqummepuam said railway within twe ve months from the approval of this act, °°"‘*"°°'°“°"“"'°'· and said railway shall be built its entire distance, with switches and turn-outs, and with cars running thereon for the accommodation of passengers within three years from the date of such approval; otherwise this act shall be null and void. Sec. 10. That the tracks of said company on the bridge and the Use by mm- mmapproaches to said bridgp may be freel used for the passage of cars {’,$,L°*},,§," ""*"° with motive power of the kind described by this act belonging to i ` any individual or corporation legally authorized thereto, upon making just compensation for such use, and in case any dispute shall cm-ms arise concerning such compensation or manner of use any party in interest may apply to the upreme Court of the District of Colum- uugmm. bia, which court is hereby empowered to Hx the amount to be paid for such use and the mode in which such use may be enjoyed. Sec. 11. That if the corporation cannot agree with the owner for Ocnsmzction matethe purchase, use, or occupation of land, gravel, earth, timber, or "“'•‘°‘* other material required for the construction, enlargement, or repair ummm or mm, of any of its works, or if the ownerbe a married woman, infant, non °°°- compos mentis, or out of the District, the said corporation may a ply to the supreme court of the District of Columbia, at any enerzil or special term thereof, and said court after reasonable public notice and hearing shall proceed with the condemnation of such land or property for the use aforesaid. Sec. 12. That for the purpose of ascertaining the value of an Oondeumation pmland or properg so condemned the said court maykdirect the marshi °"°°"‘g“· and the marsh shall accordingly summon cig teen disinterested Jury- 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 shall have the right, in rson or by attorney or a ent, if present at the time, to strike off tliiee, and the marshal shall strike off such as shall not be so stricken off by the parties, until the number shall be reduced to twelve, who shall be a ur. J Sho. 13. That the marshal shall then administer an oath or amr- Oath, etc. mation to eve person of the jury that he will impartially and to the best of his skillliand judgment value the land or other property reuired by the corporation, and also, if the same be land require for die 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 accordingly inquire of such value and damage, and Inqulducn and somake report thereof in wmtin, to be siqped by them all, and setting °°"‘ forth in case of land the boundaries of the land and the estate, interest, or use to be taken by the corporation. Such inquisition and report shall be returned y the marshal to the clerk of the circuit Bermcourt of the District of Columbia. Sec. 14. That such inquisition and report shall be confirmed by **°¤ *0 W such court unless good cause be shown to the contrary, and when ' confirmed shall be recorded by the clerk of said court; but for cause ' the court may set it aside and order another inquisition, or more than May be per aside one from time to time, to be conducted in like manner as the first ZY3e,;;?" ""*"¤°°" and with like effect, until an inquisition and report shall be confirmed by the court. Upon suc confirmation of the first or any subsequent inquisition and report and upon payment or tender of the amount fixed in the inquisition to be paid by the corporation, either Pai-nseuuw. to the owner or in court, as the court shall order, the said corporation shall be entitled to the property according to the nature of such condemnation and appropriation for the uses mentioned in this act. Sec. 15. That said railway shall be constructed in such a manner 'éhgwiomcge, of as not to injure or endanger any of the pipes, iixtures, or apparatus °°°°°'