Page:United States Statutes at Large Volume 28.djvu/745

 716 nirrrr-rrnian ooneanss. sESS. 111. cn. 166. 1895. which it is taken may be to the owner or owners of such tract or parcel by enhancing thevalue of the remainder of the same and shallmake their award accordingly, and the court may require in such case that the damages gud] lipqlefits ihall be féoundlatpdtxated sieparptely, and whfn the awar s a ave een con rme y e cour said company un ess an appeal is taken, shall make a payment of the amounts awarded to the respective owners thereof according to the judgment of the court- and in case any of such persoiis are under disability or can not be fcund, and no person is authorized to receive the said award, or in case any person entitled to an award shall neglect to receive the same, or in case angppeal shalltlzc} takin concsrnling gn éawardgctlhenélhe mongyi tptpe pai on accoun suc awar s a e eposi in e regis o e Possession or uma. court to abide its further order; and when such payments are made or the amounts belonging to persons to whom payment shall not so be made for any of the aforesaid reasons are so deposited, the use of said land shall be deemed to have been condemned and taken for the use of said railway company, and noappellate proceedings or controversies as. to ownership shall interfere with or delay said company in taking pt s- session of the land so condemned after payment therefor as above provided; but when any award shall have been approved by the said court holdinga special term as aforesaid, the said company shall be entitled to take immediate possession of the parcel of land, in regard to which said award has been approved and payment or deposit made, and 1 W 3i3e22E"§d3‘23lLf3‘€2'€Et“I1,%‘lS£§P°f°€r‘;°¥—?°i€§3“S£"2 ""¥”°£h°"}£’{""}; 1> - . o n1 aes or e 1sr1c— of Utolumbian Any parity agg§i<;yed byhthe final prdetri or decree of said · cour in specia erm a OPOSBI xing e amoun o amagesasto any p)ar£ exflqng may gake aqhappeal therefrom to tlée court of appeals of the is 'c ‘o ‘o um ia in e manner now provided by law. And said P _ court of appeals may ahirm, reverse, or modify the order or decree 0,'QQ'§‘{;;, im to appealed from: Provided, That said court of appeals shall consider Mconnidews? only questions of law arising on such appeal. From the final decree of said court, in special terms as aforesaid under this Act, distributing the damages among contending claimants, any party aggrieved may, in gketmanperé, tlaliei gg ggieal tqlsaidt oouét of appfeals. h An ykappeal un er is c s a en wi nn wen y nys a ter the ma in of the final order or decree appealed from, and not afterwards, and sd-lall be subject to existing laws and rules of court regulating appeals to p€Q{;¤¤·*•¤¤·=¢ Of ¤v· said court of appeals. Cases arising under this Act shall have precedence over all other business in said court, in special term, and shall have precedence in said court of appeals over all other cases, except criminal cases; audi tliqldeciiion pflipd ncoqnt of appeals upon any questions _ _ arising um er is ct s ia e nn. ,,,£f’§,‘{}f,,2}§,‘3,]'{“""°‘  2. That for the purpose of constructing and equipping its said railway, and acquiring rights of way as provided for in this Act, the said Maryland iugd }Vaslnngt0n Railway (lompany is hereby authorized ana empowerec o issue its bonds to aid in paying for such construction and equipments and rights of way, and secure the said bonds by mortgage or deed of trust of its franchises, rights of way, and all of its wh property of whatsoever kind, whether real or personal: Provided Lima; M d gud That the moneys raised on said bonds shall be used and expended only ,,,,,k_ “S for the purposes aforesaid: And provided further, That the amount of said bonds and stock shall not exceed the cost of the construction of the said road and of the plant necessary to operate the same; and in no case shall the amount of stock and bonds so issu d ex d 1; _ of four hundred and fifty thousand dollars. e we t E Sum m;{¤¤¢ ·>f ¤·>¤¤¤¤¤- Sec.- 3. That the line of said railway company, from the point of beginning herein named to a point at or near the intersection of Rhode Island avenue extended and the northeast boundary of the District of Columbia, shall be commenced within six months and completed within twelve months from the date of approval of this Act- and the said Maryland and Washington Railway Company is hereby aiithorized