the estates in his

holding such stock as collateral security, shall be personally any liability; but subject to any liability as a stockholder of such company; but hands liable. the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly; and the estates and funds in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner and to the same extent as the testator or intestate, or the ward or person interested in such trust fund would have been if he had been living and competent to act and hold the same stock in his own.

name.

how recovered.

SEC. 12. As often as any contractor for the construction of any part of a railroad which is in progress of construction shall be indebted to any laborer for thirty or any less number of days' labor performed in constructing said road, such laborer may give notice of such indebtedness to said company in the manner herein provided, and said company shall thereupon become liable to pay such laborer the amount so due him for such Laborers' wages, labor, and an action may be maintained against said company therefor; such notice shall be given by said laborer to said company within twenty days after the performance of the number of days' labor for which the claim is made; such notice shall be in writing, and shall state the amount and number of days' labor, and the time when the said labor was performed for which the claim is made, and the name of the contractor from whom due, and shall be signed by such laborer or his attorney, and shall be served on an engineer, agent or superintendent, employed by said company, having charge of the section of the road on which such labor was performed, personally, or by leaving the same in the office or usual place of business of such engineer, agent or superintendent, with some person of suitable age; but no action shall be maintained against any company, under the provisions of this section, unless the same is commenced within thirty days after notice is given to the company by such laborer as above provided.

es

In case any company formed shall be unable to agree in the purchase of

SEC. 13. In case any company formed under this act, or any special act, is unable to agree for the purchase of real any tate required for the purpose of its incorporation, it shall have real estate. the right to acquire title to the same in the manner and by the special proceedings prescribed in this act.

SEC. 14. For the purpose of acquiring such title, the said company may present a petition, praying for the appointment of commissioners of appraisal, to the district court, at any general

A title, how acquired.

or special term thereof, held in the district in which the land described in the petition is situated, or to the judge thereof, in vacation. Such petition shall be signed and verified according to the rules and practice of such court; it must contain a description of the real estate which the company seeks to acquire, and it must, in effect, state that the company is duly incorporated, and that it is the intention of the company in good faith to construct and finish a railroad from and to the places named for that purpose in its articles of association; that at least onehalf of the capital stock of this company has in good faith been subscribed as required by this act, or otherwise provided for, and that the company has surveyed the line or route of its proposed road, and made a map or survey thereof by which such line or route is designated, and that they have located their said road according to such survey, and filed certificates of such location, signed by a majority of the directors of the company, in the clerk's office of the several counties through or into which the said road is to be constructed; that the land described in the petition is required for the purpose of constructing or operating the proposed road, and that the company has not been able to acquire title thereto, and the reason of such inability. The petition must also state the names and places of residence of the parties, so far as the same can by reasonable diligence be ascertained, who owned, or have or claim to own, or have estates or interests in the said real estate; and if any such persons are infants, their ages, as near as can be, must be stated; and if any of such persons are idiots, or persons of unsound mind, or are unknown, that fact must be stated, together with such allegations and statements of liens or encumbrances on said real estate as the company may deem fit to make. A copy of such petition, with a notice of the time and place the same will be presented to the district court, or the judge thereof, must be served on all persons whose interests are to be affected by the proceedings, at least ten days prior to the presentation of the same to the said court or judge. 1st. If the person on whom such service is to be made resides in this territory, and is not an infant, idiot, or person of unsound mind, service of a copy of such petition and notice must be made on him, or his agent or attorney authorized to contract for the sale of the real estate described in the petition, personally, or by leaving the same at the usual place of residence of the person on whom service must be made as aforesaid, with some person of suita

ble age. 2d. If the person on whom such service is to be made. resides out of the territory, and has an agent residing in this territory authorized to contract for the sale of the real estate described in the petition, such service may be made on such agent or on such person personally out of the territory, or, if it be made by publishing the notice, stating briefly the object of the application, and giving a description of the land to be taken in a paper printed in the territory, once in each week for one month next previous to the presentation of the petition; and if the residence of such person residing out of this territory, but in any of the United States, is known, or can by any reasonable diligence be ascertained, the company must, in addition to such publication as aforesaid, deposit a copy of the petition and notice in the post office, properly folded and directed to such person at the post office nearest his place of residence, at least. thirty days before presenting such petition to the court or judge, and pay the postage chargeable thereon. 3d. If any person on whom such service is to be made is under the age of twentyone years, and resides in this territory, such service shall be made as aforesaid on his guardian; or if he has no such guardian, then on such infant personally, if he is over the age of fourteen years; and if under that age, then on the person who has the care of, or with whom such infant resides. 4th. If the person on whom such service is to be made is an idiot or of unsound mind, and residing in this territory, such service may be made on the person or persons, or court, who has or have the care and charge of the person or estate of such idiot or person of unsound mind. 5th. If the person on whom such service is to be made is unknown or his residence is unknown, and can not by reasonable diligence be ascertained, then such service may be made under the direction of the court by publishing a notice stating the time and place the petition will be presented, the object thereof, with a description of the land to be affected by the proceedings, in a paper printed in the territory, once in each week for one month previous to the presentation of such petition. 6th. In case any party to be affected by the proceedings is an infant, idiot, or of unsound mind, and has no guardian, or is not in charge of any probate court, the court or judge shall appoint a special guardian to attend to the interests of such person in the proceedings; but if a probate court has charge of such person in this territory, it shall be the duty of such probate court to attend to the interests of such infant, idiot or person of un

Persons whose estates or interests

by the proceedings

against the grant

ing the petition.

Judge shall ap

point commis

sioners to appraise

the property.

sound mind, and the district court or judge may require such security to be given as may be deemed necessary to protect the rights of such infant, idiot or person of unsound mind; and all notices required to be served in the progress of the proceedings may be served on such probate court or special guardian. 7th. In all cases not herein otherwise provided for, service of orders, notices, and other papers in the special proceedings authorized by this act, may be made as the district court or judges thereof shall direct.

SEC. 15. On presenting such petition to the district court or are to be affected judge thereof as aforesaid, with proof of service of a copy may show cause thereof and notice as aforesaid, all persons whose estates or interests are to be affected by the proceedings, may show cause. against granting the prayer of the petition, and may disprove any of the facts alleged in it. The court or judge thereof shall, without delay, hear the proofs and allegations of the parties, and, if no sufficient cause is shown against granting the prayer of the petition, shall make an order for the appointment of five disinterested and competent persons, who reside in the county where the premises to be appraised are situated, as commissioners to ascertain and appraise the compensation to be made to the owners or persons interested in the real estate proposed to be taken in such county for the purposes of the company, and to fix the time and place for the first meeting of such commission ers. The parties whose lands are to be appraised, or their attorney, may, in case they appear, name six such persons, and the company a like number, provided they do so, and the court or judge shall appoint two of the commissioners from each of the six so named, in case there is no legal objection to their appointment, and the other commissioner shall be appointed by the judge of the court, in his discretion.

Duties of commission rs.

SEC. 16. The commissioners shall take and subscribe an oath faithfully and impartially to perform the duties required of them by this act. Any one of them may issue subpoenas, administer oaths to witnesses, and any three of them may adjourn the proceedings before them from time to time, in their discretion. Whenever they meet, except by the appointment of the court or pursuant to adjournment, they shall cause reasonable notice of such meetings to be given to the parties who are to be affected by their proceedings, or their attorney or agent. They shall view the premises described in the petition, and hear the proofs and allegations of the parties, and reduce the testimony,

if any is taken by them, to writing; and after the testimony is closed in each case, and without any unnecessary delay, and before proceeding to the examination of any other claim, a majority of them, all being present and acting, shall ascertain and determine the compensation which ought justly to be made by the company to the party or parties owning or interested in the real estate appraised by them, making due allowance or deduction for any advantages or benefits which the parties in interest will derive from the construction of the proposed railroad, but not allowing the parties owning the benefit of any rise in value of the lands in consequence of the survey, location or construction of said railroad. They, or a majority of them, shall also determine and certify what sum ought to be paid to any probate court having charge, or to any special guardian, to attend to the interests of such persons in the proceedings; but if a probate court has charge of such persons in this territory, it shall be the duty of such probate court to attend to the interests of such infant, idiot, or person of unsound mind; and the district court or judge may require such security to be given as may be deemed necessary to protect the rights of such infant, idiot, or person of unsound mind; and all notices required to be served in the progress of the proceedings may be served on such probate court or special guardian.

SEC. 17. On such report being made by said commissioners, the company shall give notice to the parties, or their attorneys, to be affected by their proceedings, according to the rules and practice of said court, at a general or special term, or the judge thereof, for the confirmation of such report, and the court or judge shall thereupon confirm such report, and shall make an order containing a recital of the substance of the proceedings in the matter of the appraisal, and a description of the real estate appraised for which compensation is to be made, and shall also direct to whom the money is to be paid, or in what bank or banking house, and in what manner it shall be deposited by the company.

The company shall give due no

tice to the parties

or their attorneys,

&c.

Judge shall direct shall be paid.

how the money

C py shall be recorded in clerk's

SEC. 18. A certified copy of the order so to be made as aforesaid shall be recorded at full length in the clerk's office of office. the county in which the land described in it is situated, and thereupon and on the payment and deposit by the company of the sums to be paid as compensation for the land and for costs and expenses as aforesaid, and as directed by said order, the company shall be entitled to enter upon, take possession of, and