shall be entitled to

sion of the land or property.

Of appeals.

use the said lands for the purpose of its incorporation, during the continuation of its corporate existence by virtue of this or any other act; and all persons who have been made parties. to the proceedings shall be vested and barred of all right, estate and interest in such real estate during the corporate existence of the company as aforesaid: Provided, that if the action of the When the company appraisers and the order of the court should be delayed more enter upon posses- than thirty days from the date of the presenting of the petition to the court or judge, the company shall be entitled to enter on possession of the lands or property: Provided, that such bonds as the court may require for the payment of the award of the commissioners shall first be filed. All real estate acquired by any company under and pursuant to the provisions of this act, for the purpose of the incorporation, shall be deemed to acquire for public use. Within twenty days after the confirmation of the report of the commissioners, as provided for in the seventeenth section of this act, either party may appeal, by notice in writing to the other, to the district court or to the judge thereof, from the appraisal and report of the commissioners. Such appeal shall be heard by the district court at any general or special term thereof, on such notice thereof being given according to the rules and practice of said court. On hearing of said appeal, the court may direct a new appraisal before the same or new commissioners, in its discretion; the second report shall be final and conclusive on all the parties interested. If the amount of compensation to be made by the company is increased by the second report, the difference shall be a lien on the land appraised, and shall be paid by the company to the parties entitled to the same, or shall be deposited as the court shall direct; and if the amount is diminished, the difference shall be refunded to the company by the party to whom the same may have been paid, and judgment therefor may be rendered by the court on the filing of the second report against the party liable to pay the same. Such appeal shall not affect the possession. by such company of the land appraised, and when the same is made by others than the company it shall not be heard, except on a stipulation of the party appealing not to disturb such possession, and no injunction shall be granted to stop the work of the company on account of such appeal.

Court may judge

SEC. 19. If there are adverse and conflicting claimants to between confict the money, or any part of it, to be paid as compensation for the real estate taken, the court may direct the money to be paid

ing claimants to to the money.

into the said court by the company, and may determine who is entitled to the same, and direct to whom the same shall be paid, and may in its discretion order a reference to ascertain the facts on which such determination and order are to be made.

Court shall appoint attorney for

ty.

Has power to

any proceedings.

SEC. 20. The court shall appoint some competent attorney to appear for and protect the rights of any party in interest an unknown parwho is unknown, or whose residence is unknown, and who has not appeared in the proceedings by an attorney or agent. The court shall also have power at any time to amend any defect or infor- amend defects in mality in any of the special proceedings authorized by this act, as may be necessary, or to cause new parties to be added, and to direct such further notices to be given to any party in interest as it may deem proper, and also to appoint other commissioners in place of any who shall die or refuse or neglect to serve, or be incapable of serving.

May appoint complace of those who

missioners in

can not serve.

If the title prove

proceed.

SEC. 21. If at any time after an attempt to acquire title by appraisal of damages or otherwise, it shall be found that the title defective, how to thereby attempted to be acquired is defective, the company may proceed anew to acquire or perfect such title in the same manner as if no appraisal had been made, and at any stage of such new proceedings the court may authorize the corporation, if in possession, to continue in possession; and if not in possession, to take possession and use such real estate during the pendency and until the final conclusion of such new proceedings; and may stay all actions and proceedings against the company on account thereof, on such company paying into court a sufficient sum, or giving security as the court may direct, to pay the compensation therefor when finally ascertained; and in every such case the party interested in such real estate may conduct the proceedings to a conclusion, if the company delays or omits to prosecute the same. The judge of any district court before whom any proceedings under this act shall be brought, may appoint and hold a special term of the court for hearing and determining the same.

or

SEC. 22. Any company shall have power, by themselves or agents, to enter and take from any land in the neighborhood of the line of their railroad, earth, gravel, stone, wood, water other material necessary for the construction or operation of said road; also for the purpose of depositing thereon earth, stone, gravel, &c.; and for the purpose of procuring water for their uses, may lay pipes, erect pumps, dams and reservoirs, and maintain and keep the same in repair, paying, if the owner of said land and the said company can agree, the damages they

When a compa

ny shall trespass

on any land and

take therefrom

earth, gravel, &c.

A company may alter the route or

how.

shall do to the said land or its appurtenances, or, if they can not agree, the damages shall be ascertained by any three impartial and disinterested householders, who, being appointed for that purpose by any justice of the peace, thereto required by either of the parties, shall be sworn by him impartially and faithfully to discharge the duties devolving on them, and then shall ascertain the compensation upon their own view of the ground, and of the wood, earth, stone or gravel which may have. been taken therefrom, or the earth, stone or gravel, &c., that may have been deposited thereon, and the injury done in taking them or depositing thereon: Provided, however, that it shall be the duty of the party making the application to show to the justice of the peace that ten days' previous notice of the time of making the same has been given to the other party, or to some of them; and no award which may be given under any appraisement without such notice shall be obligatory or binding on the other party, and either party not satisfied with the award may appeal to the district or probate court of the county in which said land may be, which may at its discretion confirm the said award and enter it on record, or, as often as they may deem it necessary, may supersede the said viewers, or any of them, appoint others in their stead, and direct another view and award to be made in the manner aforesaid. If any justice of the peace or any freeholder shall refuse or neglect to perform the duties assigned. to them respectively or prescribed in this section, upon being thereto required by either party as aforesaid, such justice or freeholder shall forfeit and pay to the party making the application a sum not exceeding twenty-five dollars, to be recovered before any justice of the peace of the county of which he is an inhabitant, and shall moreover be liable to the party aggrieved.

SEC. 23. The directors of any company under this act may, any part of it by a vote of two-thirds of their whole number, at any time, alter or change the route or any part of the route of their road, if it shall appear to the mthat the line can be improved thereby, and they shall make and file in the clerk's office of the proper county a survey, map and certificate of such alteration or change, and shall have the same right and power to acquire title to any lands required for the purposes of the company in such altered or changed route as if the road had been located there in the first instance; and no such alteration shall be made in any city or town after the road shall have been constructed, unless the same is sanctioned by a vote of two-thirds

of the common council of the said city, or trustees of said town; and in case of any alteration made in the route of any railroad after the company has commenced grading, compensation shall be made to all persons for injury so done to any lands that may have been donated to the company. All the provisions of this act relative to the first location, and to acquiring title to land, shall apply to every such new or altered portion of the route.

How to procee1 when the tract of a railroad shall cross a railroad,

SEC. 24. Whenever the track of a railroad constructed by a company formed under this act shall cross a railroad, a highway, turnpike, or plank road, the same may be carried under highway, &c. or over the track as may be found most expedient; and in cases where an embankment or cutting shall make a change in the line of such highway, turnpike or plank road desirable, with a view to a more convenient, safe or economical crossing at the railroad, the said company may take such additional lands for the construction of such road, highway, turnpike or plank road on such new line as may be deemed requisite by the directors, unless the lands so taken shall be purchased for the purposes aforesaid; compensation therefor shall be ascertained in the manner prescribed in this act for acquiring title to real estate, and duly made by said corporation to the owners and persons interested in such lands. The same when so taken shall become part of such intersecting highway, turnpike or plank road in such manner and by such tenure as the adjacent parts of the same highway, turnpike or plank road may be held for highway purposes.

SEC. 25. The right of way is hereby granted to any railroad company through any unimproved land belong to this territory through which their railroad may pass, and in case any more land belonging to this territory shall be required for the purpose of any railroad corporation than is needed for the track of the road, and in case any improved land belonging to this territory shall be necessary for the purpose of any railroad corporation, the secretary of the territory shall have power to grant to any railroad company any land belonging to this territory which may be required for the purposes of their road, on such terms as may be agreed on between said secretary of the territory and said company; or such company may acquire title thereto by appraisal, as in the case of land owned by individuals; and if any land belonging to a county, or city, or town, is required by any company for the purposes of their

Right of way is hereby granted.

son

When the title

mind.

in any perof unsound

road, the county, or city, or town officers having the charge of
such land may grant such land to such company, on such terms
as may be agreed upon, or the land may be appraised in the
manner aforesaid.

SEC. 26. In case any title or interest in real estate, required vested in estate is by any company formed under this act for the purpose of its incorporation, shall be vested in any trustee not authorized to sell, release and convey the same, or in any infant, idiot, or person of unsound mind, the district court shall have power by a summary proceeding on petition to authorize and empower such trustee, or the court having probate jurisdiction, or the special guardian of such infant, idiot or person of unsound mind, to sell and convey the same to such company for the purposes of its incorporation, on such terms as may be just; and in case any such infant, idiot or person of unsound mind is not in charge of any court or guardian, the said court may appoint a special guardian for the purpose of making such sale, release or conveyance, and may require such security from such special guardian as said court may deem proper. But before any conveyance or release, authorized by this section, shall be executed, the terms on which the same is to be executed shall be reported to the court on oath, and, if the court is satisfied that such terms are just to the parties interested in such real estate, the court shall confirm the report and direct the proper conveyance or release to be executed, which shall have the same effect as if executed by an owner of said land having legal power to sell and convey the same.

Of the guage of track.

Powers of the corporation in constructing the road.

SEC. 27. The guage of track or width between the rails of all railroads in this territory shall be not less than five feet and six inches.

SEC. 28. Every corporation formed under this act shall, in addition to the powers hereinbefore conferred, have power1st. To cause such examination and survey of its proposed railroad to be made as may be necessary to the selection of the most advantageous route, and, for such purpose, by its officers, agents or servants, to enter upon the lands or waters of any person, but subject to responsibility for all damages which shall be done thereto. 2d. To take and hold such voluntary grants of real estate and other property as shall be made to it, to aid in the construction, maintenance and accommodation of its railroad; but the real estate received by voluntary grant shall be held and used for the purposes of such grant only.