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APPENDIX.

LAWS APPLICABLE TO RAILROAD COMPANIES.

[Compiled by the Board of Railroad Commissioners.]

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FIRST-CHAPTER 95, LAWS OF 1890, KNOWN AS THE "CONDEMNATION LAW," AND PROCEEDINGS TO CHANGE THE NAME OF A CORPORATION.”

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SECOND CHAPTER 563, LAWS OF 1890, KNOWN AS THE GENERAL CORPORATION LAW."

THIRD-CHAPTER 564, LAWS OF 1890, KNOWN AS THE STOCK CORPORATION LAW."

FOURTH CHAPTER 565, LAWS OF 1890, KNOWN AS THE "RAILROAD LAW."

INCLUDING ALL AMENDMENTS TO SAID LAWS MADE BY THE LEGISLATURES OF 1891, 1892, 1893, 1894, 1895, 1896, 1897, 1898 AND 1899. ALSO, OTHER GENERAL LAWS RELATING TO RAILROADS. ALSO, SECTIONS OF THE CRIMINAL AND PENAL CODES RELATING DIRECTLY TO RAILROADS. ALSO, THE RAPID TRANSIT ACT, ALL AS AMENDED TO AND INCLUDING AMENDMENTS MADE BY THE LEGISLATURE OF 1899. ALSO, THE INTERSTATE COMMERCE ACT, WITH KINDRED ACTS, AS AMENDED TO SEPTEMBER 30, 1899.

THE CONDEMNATION LAW.

(Being chapter 95 of the Laws of 1890, as amended to and including the session of the Legislature of the year 1899.)

AN ACT to amend the Code of Civil Procedure.

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SECTION 3357.

This title shall be known as the condemnation law.

TERMS USED DEFINED.

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§ 3358. The term "person, " when used herein, includes a natural person and also a corporation, joint stock association., the state and a political division thereof, and any commission, board, board of managers or trustees in charge or having control of any of the charitable or other institutions of the state; the term "real property, any right, interest or easement therein or appurtenances thereto; and the term "owner," all persons having any estate, interest, or easement in the property to be taken, or any lien, charge, or incumbrance thereon. The person instituting the proceedings shall be termed the plaintiff; and the person against whom the proceeding is brought, the defendant. by chap. 589, Laws of 1896.)

TITLE TO REAL ESTATE, HOW ACQUIRED.

(Thus amended

§ 3359. Whenever any person is authorized to acquire title to real property, for a public use by condemnation the proceeding for that purpose shall be taken in the manner prescribed in this title.

PETITION TO SUPREME COURT, SECTION 3360; THE PROCEEDING SHALL BE INSTITUTED BY THE PRESENTATION OF A PETITION BY THE PLAINTIFF TO THE SUPREME COURT SETTING FORTH THE FOLLOWING FACTS:

1. His name, place of residence, and the business in which engaged; if a corporation or joint-stock association, whether foreign or domestic, its principal place of business within the state, the names and places of residence of its principal officers, and of its directors, trustees or board of managers, as the case may be, and the object or purpose of its incorpo

ration or association; if a political division of the state, the names and places of residence of its principal officers; and if the state or any commission or board of managers or trustees in charge or having control of any of the charitable or other institutions of the state, the name, place of residence of the officer acting in its or their behalf in the proceedings. (Thus amended by chap. 589, Laws of 1896.)

2. A specific description of the property to be condemned and its location, by metes and bounds, with reasonable certainty.

3. The public use for which the property is required and a concise statement of the facts showing the necessity of its acquisition for such use.

4. The names and places of residence of the owners of the property; if an infant, the name and place of residence of his general guardian, if he has one, if not, the name and place of residence of the person with whom he resides; if a lunatic, idiot, or habitual drunkard, the name and place of residence of his committee or trustee, if he has one, if not, the name and place of residence of the person with whom he resides. If a non-resident, having an agent or attorney residing in the state authorized to contract for the sale of the property, the name and place of residence of such agent or attorney; if the name or place of residence of any owner cannot, after diligent inquiry, be ascertained, it may be so stated with a specific statement of the extent of the inquiry which has been made.

5. That the plaintiff has been unable to agree with the owner of the property for its purchase and the reason of such inability.

6. The value of the property to be condemned.

7. A statement that it is the intention of the plaintiff, in good faith, to complete the work or improvement, for which the property is to be condemned; and that all the preliminary steps required by law have been taken to entitle him to institute the proceeding.

8. A demand for relief, that it may be adjudged that the public use requires the condemnation of the real property described, and that the plaintiff is entitled to take and hold such property for the public use specified, upon making compensation therefor, and that commissioners of appraisal be appointed to ascertain the compensation to be made to the owners for the property so taken.

NOTICE OF PRESENTATION OF PETITION; SERVICE OF PETITION AND NOTICE.

§3361. There must be annexed to the petition a notice of the time and place at which it will be presented to a special term of the

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