Page:United States Statutes at Large Volume 27.djvu/359

 332 FIFTY-SECOND CONGRESS. Sess. I. Ch. 322. 1892. . times to the inspection of the stockholders. The book in which transfers of the stock are entered and recorded shall be closed, for the purpose of such transfers, thirty days before the annual meeting. u°'fl•*g{'¤“>*¤*¤· Sec. 5. That for the purpose of locating, constructing, maintainmg, °’ and operating the stations, tracks, railroads, shops, and other strnctures or buildings herein provided for, said company is hereby authorized and empowered to take, acquire, and hold in iee simple the land °°"“”* °'°‘"'°’· necessary for such purposes; but before proceeding so to do the said company shall iirst obtain the assent of the owner or owners of said land, and if such owner or owners shall be absent from the said city of Washington, or the District of Columbia, or shall refuse to give such assent on sinch terms as such company shall approve, or by reason of infancy, coverture, or insanity, or any other cause, shall be legally incapable of giving such assent, it shall be lawful for said company to make application, in writing, to the Supreme Court of the District of Columbia, or a judge thereoig for the appointment of three commissioners to estimate the damages which the owner or owners of the land or other property sought be be taken shall sustain by the taking thereof d$\;;<:n ¤¤*¤¤¤· by the said company. Said application shall describe the land or other property sought to be taken, and give the name or names of the owners thereof, as hr as the same may be known to said company; °'*°“•°°• a11d= said supreme court of the District of Columbia, or a judge thmoof, shall thereupon appoint three discreet and disinterested free holders of said District of Columbia, none of whom shall be residents or owners of property upon or adjoining the line of said railroad, or interested therein, or related to any person interested in said land or a stockholder in said company; and before said commis- 0*- sioners shall act the clerk of said court shall administer an oath or ailirmatiou to each of them that he will justly and impartially estimate the compensation that the owner or owners of such lands or other property will he entitled to by reason of the taking of the same by the company, and the said supreme court of the District of Columbia, or a judge thereof; shall appoint a time not less than ten nor more than twenty days after due notice to the parties in interest, which notice shall be given in the form required by the order of said supreme court of the District of Columbia, or a, judge thereof} E°"""*“'$“"'°· appointing said commissioners, and said commissioners shall proceed to estimate, after viewing the premises, the value of the land so proposed to be taken by said company, and the damages, if any, to the r residue of the tract so taken or occupied, or to be taken or occupied, or the material so u ed or taken away, as the case may be, having due. regard to and making just allowance for the advantages which may have resulted, or which may seem likely to result, to the ` owner or owners of said land or material in consequence of the making or opening of said railroad and of the construction of the works connected therewith, and utter having made a. fair and just comparison of said advantages and disadvantages they shall estimate and determine Report. whether any, and, if any, what amount of damages have been or may be sustained, and to whom payable, and make report in writing signed by them, or a majority of them, and tile the same with the clerk of the P¤y¤¤¤¢¤*'¤¤¤•z¢¤- supreme court of the District of Columbia; and if any damages be awarded and the report be confirmed by the said court, judgment shall be entered thereon, and if the amount thereof be not paid within thirty days after the entry of such judgment execution may issue thereon as in the case of other judgments of said court for the sum so awarded, and the cost and expenses incurred shall be defrayed by the said railroad company, and each of said commissioners shall be entitled to ten dollars per day for every day neeessarially employed in the performance of the duties herein prescribed, to be paid by such railroad company. couauumm or m. Said return of said commissioners shall be confirmed by said court or a. after the date of the tiling of said report with the clerk of said court,
 * ¤¤‘¤· judge thereof, at any time after the expiration of ten days from and