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meet, take oath and view proper
interested in the lands or damages to be appraised, in such manner as the commissioners shall in and by their orders direct; and, on the day so appointed, the said commissioners shall meet, in Commissioners to pursuance of said order, and having organized, by taking and ty subscribing an oath or affirmation, to be administered by any officer authorized to admister oaths, justly and impartially to appraise the lands required for the use of said company, for such road in their county, and to award the compensation and damages which ought justly to be paid for the same to the owners thereof, and faithfully to perform their duty as such commissioncrs, according to law and the best of their judgment and ability, they shall proceed to hear the parties and view the lands to be appraised in each case; and, after hearing the proofs and allegations of the parties, they, or a majority of them agreeing, shall make up and sign their award of the damages, embracing therein sign award. a description of the land in respect to which it is found; and such award may include assessment of damages to one or more persons, and shall be acknowledged by the commissioners, before some officer authorized to take the acknowledgment of deeds, and filed in the office of the register of deeds of the county in which the damages were assessed or the land appraised shall be situated: Provided, That the said commissioners shall in no case make an award of damages or other determination, until said company shall have produced satisfactory proof, by affidavit, that the notice of the meeting of the commissioners has been given, as prescribed in this section; and such affidavit shall be attached to and filed with the award or determination of such commissioners.
SEC. 17. If any person interested in lands or damages to be Protection te appraised by such commissioners shall be a married woman, un- minors, &c. der age, an idiot, insane person, not a resident of this Territory, or shall be unknown, and there shall be no one duly authorized by law to act instead of any such person, the said commissioners, on being applied to for that purpose, by the said company, shall be authorized and required to appoint, by an order, in writing, to be made and signed by them, some competent and suitable person, who will consent to act, to take care of the interests of such interested person, in respect to the proceedings to ascertain such damages; and all such notices as are required to be served on any owner or interested person residing in such county, shall be served upon the person so appointed, in like manner and with like effect as if served on the owner or person interested; but any person so appointed to take care of the interests of any such nonresident or unknown person, may be superseded by him.
Party appointed to represent them
Commissioners have power to ad
SEC. 18. In all cases of the appraisal of land authorized by this chapter, or of damages and every proceeding in relation thereto, in which the appointment of a person shall have been made in accordance with the provisions of the preceding section, the person so appointed shall be regarded and treated, in all respects, as a party representing the interests of the person or persons owning or interested in the land or damages appraised; and all proceedings in such cases shall be effectual and conclusive upon the party represented by the person so appointed.
SEC. 19. Whenever such commissioners shall have met together journ; swear wit- to make an appraisal of damages, agreeably to the provisions of this chapter, and shall have taken the oath in such case required, they shall have authority to adjourn their meeting from time to time, as they may deem proper, and to issue subpoenas requiring the attendance of necessary witnesses; and each of the said commissioners is authorized to administer the proper oath or affirmation to such witnesses as may be examined before them, and to take any affidavit relating to the proceedings in any appraisal of damages which they may be called upon to make; and it shall ceedings to be de- be the duty of such commissioners to keep minutes of their proceedings in making any appraisal, and to deposit the same, together with their award of damages, and all papers used before them relating thereto, in the office of the register of deeds of the county where the land appraised shall be situated or the damages shall be awarded. The said commissioners shall be entitled to. two dollars a day for their services while attending to the duties required of them in this chapter, which shall be paid by the said. company.
Minutes of pro
posited with register of deeds.
Any judge or justice may issue subpoenas for
Appeal in thirty days.
Company to pay award in forty days, if no ap
SEO. 20. On application of any party interested, any judge or justice of the peace may issue a subpoena, requiring witnesses to attend before such commissioners; and such subpoena shall have the same force and effect, and the witnesses duly subpoenaed by virtue thereof, and refusing or neglecting to obey the same, shall be subject to the same penalties and liabilities as if such subpoena were issued from a court of record in a suit pending therein.
SEC. 21. Either party feeling aggrieved by any such appraisal of land or damages, is authorized to appeal therefrom, within thirty days of being notified of such appraisal, to any court in the county, having jurisdiction therein, in which the said appraisal is made, by a notice, in writing to that effect, to be served upon the opposite party.
SEC. 22. Within forty days after the making of any award by the commissioners appointed to appraise damages, if an appeal
from such award shall not have been taken, the company shall peal, and enter pay to the person entitled to receive the same the amount thereof, or shall make a legal tender thereof to him, if he shall refuse to receive the same; and the company may thereupon enter upon the lands in respect to which such award was made, and take and hold the same, to it and its assigns, so long as it shall be used. for the purpose of such a road as such company was formed to
residents paid to for use of owner.
ment given by
SEC. 23. If any person, entitled to receive the amount of any such award, be not a resident of this Territory, or cannot be found therein, the company may furnish to the judge of the probate court for the county in which such award shall be made, satisfactory proof of such fact; and he shall, thereupon, make an order that the amount of such award shall be paid to the treasurer of the county in which the lands lie, in respect to which such award was made, for the use of such owner, and that notice of Notice of paysuch payment shall be given, by publishing the same once in each publication. week, for six successive weeks, in a newspaper published in the county, if there be one published there; if not, then such publication shall be made in some newspaper published at the seat of government. On satisfactory proof being made to the said judge, within three months from the time of making the last mentioned order, of such payment and publication, he shall make an order authorizing the company to take and hold the land in respect to which such award was made, which shall have the same effect as if such payment had been made to the owner personally. The affidavit and orders mentioned in this section, and all other affi- All papers flod davits and orders made and precepts issued in the course of the proceedings under this chapter, in relation to the acquisition of the land to be used for such road, shall be filed in the office of the register of deeds of the county; and all such orders and the awards of the commissioners shall be recorded by such register in the records of deeds, at the expense of such company.
with register of deeds.
SEC. 24. If any owner shall appeal to the probate court from Appeal to probate the decision of the commissioners, the company, upon depositing ings. the amount of the award sought to be set aside, in such manner as the judge of the said probate court shall, upon hearing the parties, direct, in trust, that the same, or so much thereof as the said owner shall be entitled to receive, shall be paid to him on demand; and, on giving such security, by bond, as the said judge shall approve, for the payment to such owner of any sum which he may be entitled to receive from the company, in respect
Roads ve rods wide-require
May construct toll gates: rates of toll, &c.
Payment on stock may be
to the land in question, by reason of any verdict or the judgment of any court, for such compensation, damages and costs, the company may enter upon and use such lands for the purposes of such road; but the title of the owner thereof shall not be divested, until the payment or legal tender to him of the whole amount which he shall be entitled to receive from the company for such compensation, damages and costs; and, on such payment or tender being made, the said company shall be entitled to take and hold such lands, to it and its assigns, so long as the same shall be used for the purposes of such a road as such company was formed to construct.
SEC. 25. Every turnpike road that shall be constructed by virtue of this chapter shall be laid out at least five rods wide, and all creeks, runs and ravines shall be well and securely bridged, and all low, wet or marshy ground shall be bedded with stone, gravel or such material as shall be found on the line thereof, and faced with broken stone or gravel, so as to form a hard and even surface, with good and sufficient ditches on each side, wherever the same are practicable and necessary. The arch or bed of such road shall be at least eight feet wide, and shall be so constructed as to allow carriages and other vehicles to pass each other at convenient turnouts, and to pass on and off such turnpike wherever it may be intersected by other roads.
SEC. 26. Whenever any turnpike company shall have constructed their road, or five consecutive miles thereof, the said company may erect one or more toll gates upon their road, but not within three miles of each other, and may demand and receive. tolls not exceeding the following rates: For every vehicle drawn by one animal, two cents a mile; for every vehicle drawn by two animals, four cents a mile; for every vehicle drawn by over two and not over six animals, one cent addition a mile for every animal more than two, and, for every vehicle drawn by more than six animals, one cent and a half a mile addition for every animal more than two; for every horse and rider or led horse, one cent a mile; for every score of neat cattle, horses or mules, two cents a mile; for every score of sheep or swine, one cent a mile; and in the same proportion for any greater or less number of neat cattle, horses, mules, sheep or swine.
SEC. 27. The directors of any company, incorporated under called for by al- this chapter, may require payinent of the sums subscribed to the capital stock, at such times, and in such proportion, and on such conditions as they shall see fit, under the penalty of the forfeit
ure of the stock and all previous payments thereon; and they shall give notice of the payments thus required, and of the place and time where and when the same are to be made, at least thirty days previous to the payment of the same, in one newspaper printed in each county in or through which the said road is located, or by sending such notice to each stockholder by mail, directed to him at his usual place of residence.
SEC. 28. The shares of any company, formed under this chap- property, may be ter, shall be deemed personal property, and may be transferred as increased, bow. may be prescribed by the by-laws of such company; the directors of any such company may, at any time, with the consent of a majority in amount of the stockholders in such company, provide for such increase of the capital stock of such company as they may deem necessary to finish the making of a road actually commenced, and the completion of gates, toll houses, &c., and such other purposes as may be for the well being of the company.
ofice shall be publication.
designated in thirty days by
SEC. 29. Within thirty days after the formation of any company, by virtue of this chapter, the directors thereof shall designate some place within a county, in which according to the articles of association of such company, its road or some part thereof is to be constructed, as the office of such company, and shall give public notice thereof, by publishing the same in a newspaper published in such county, if any there be, if not, then in a paper published at the scat of government, which publication shall be continued once in each week, for three successive weeks, and shall file a copy of such notice in the office of the clerk of the probate court of every county in which any part of such road is constructed or is to be constructed; and, if the place of such office If changed, notie shall be changed, like notice of such change shall be published and filed as aforesaid, before it shall take place, in which notice, the time of making the change shall be specified; and every notice, summons, declaration or other paper, required by law to be served on such company, may be served, by leaving the same at such office, with any person having charge thereof, at any time between nine o'clock in the forenoon and noon, and between two and five o'clock in the afternoon, of any day except Sunday.
to be given.
SEC. 30. It shall be the duty of the directors of any such com- Stock books to be pany, to cause a book to be kept by the secretary, treasurer or clerk thereof, containing the names of all persons alphabetically arranged, who are or shall, within six years, have been stockholders of such company, and showing their places of residence, the number of shares of stock held by them respectively, and the