Railroad companies. court. to hold the land, to pay cost of or making such publication, the supreme court for the District of Columbia, upon the application of either party, shall appoint by warrant three disinterested freeholders of the neighborhood on which the land lies, to appraise the damages which the owner of the land may sustain Appraisal of by such appropriation; such appraisers shall be duly sworn; they shall damages by consider the injury which such owner may sustain by reason of such order of court. railroad, and shall forthwith return their assessment of damages to the Assessment to clerk of the said court, setting forth the value of the property taken, or be returned into injury done to the property, which they assess to the owner, or owners, separately, to be by him filed and recorded; and thereupon such corpo- Corporation ration shall pay to said clerk the amount thus assessed, or tender the to pay clerk amount assessed, same to the party in whose favor the damages are awarded, or assessed, or tender the and on making payment or tender thereof, in the manner herein re same to the quired, it shall be lawful for such corporation to hold the interests in party, and then such lands or materials on said roadway within fifty feet on each side &c. for such of the centre of such roadway, for the uses aforesaid. The cost of such uses; award shall be paid by such company; and on notice by any party in- award. terested and showing said proceedings, the court may order the payment thereof, and enforce such payment by execution. The award of said arbitrators may be reviewed by the said court, in which such proceedings may be had, on written exceptions filed by either party, in the peal. clerk's office, within ten days after the filing of such award, and the court shall take such order therein as right and justice may require, by ordering a new appraisement, on good cause shown: Provided, That, notwithstanding such appeal, such company may take possession of the take possession notwithstanding property therein described as aforesaid, and the subsequent proceedings appeal, if, &c. on the appeal shall only affect the amount of compensation to be allowed, if prior to the assessment the corporation shall tender to such owner or guardian, and in case of refusal to receive the same shall pay into court, if he be unable to contract, an amount equal to the award afterwards made, exclusive of costs. The costs of arbitration shall be paid equally by such company and such owner or guardian. Award may be reviewed by court upon ap Company may Costs of arbitration. Provisions, if there are adverse or conflicting claimants to the SEC. 22. And be it further enacted, That if there are any adverse or conflicting claimants to 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 into the said court by the company until it can determine who is en- money. titled to the same, and shall direct to whom the same shall be paid, and may, in its discretion, order a reference to ascertain the facts in which such determination and order are to be made. Court may dence are un SEC. 23. And be it further enacted, That the court shall appoint some competent attorney to appear for and protect the rights of any party in appoint attorney to protect rights interest who is unknown, or whose residence is unknown, and who has of parties whose not appeared in the proceedings by an attorney or agent; the court shall rights or resi also have power, at any time, to amend any defect or informality in any known and who of the special proceedings authorized by this act as may be necessary, or have not apto cause new parties to be added, and to direct such further notice to be peared. Proceedings given to any party in interest as it deems proper, and also to appoint may be amendother commissioners in the place of any who shall die, or refuse, or ed, &c. neglect, or are unable to serve, or who may leave or be absent from the District aforesaid. Court may SEC. 24. And be it further enacted, That at any time after an attempt Corporation may perfect any to acquire title by appraisal of damages, or otherwise, if it shall be found defective title in that the title thereby attempted to be acquired is defective, the company same manner. may proceed anew to acquire or perfect the same in the same manner as if no appraisal had been made; and at any stage of such new proceedings the permit corporacourt may authorize the corporation, if in possession, to continue in pos- tion to remain in session, to take possession of, and use such real estate during the pendency possession of lands; and until the final conclusion of such new proceedings, and may stay all may stay actions and proceedings against the company, or any officer or agent or action upon, &c. VOL. XVI. PUB. -8 Railroads, &c. workman of such company, on account thereof, on such company paying into court a sufficient sum, as the court may direct, to pay the compensaParties inter- tion therefor, when finally ascertained; and in every such case the party ested may finish interested in real estate may conduct the proceedings to a conclusion, if company delays. the company delays or omits to prosecute the same. proceedings if Company may borrow money, issue bonds, and mortgage property to secure payment of the debt. Bonds may be convertible into stock; may be sold whenever, &c. Bonds not to be issued until half of capital stock is paid. New locations may be made by like proceedings. Provision for tracks crossing highway; for changing line of such highway. SEC. 25. And be it further enacted, That such company may, from time to time, borrow such sums of money as they may deem necessary for completing or operating their railroad, and issue and dispose of their bonds for any amounts so borrowed, for such sums and at such rates of interest as may be agreed upon, and mortgage their corporate property and franchises to secure the payment of any debt contracted by such company; and the directors of the company may confer on any holder of any bond issued for money borrowed as aforesaid the right to convert the principal due or owing thereon into stock of said company, at any time not excceding fifteen years from the date of said bond, under such regulations as the company may adopt; and such company may sell their bonds whenever they may deem proper, and such sales shall be as valid as if such bonds should be sold at par value. But such corporation shall not have power to issue any bonds or to execute any mortgages upon its property or franchises until at least one half of the capital stock shall have been fully paid. SEC. 26. And be it further enacted, That if at any time after the location of the track of such road, in whole or in part, and the filing of the map thereof, it shall appear to the directors of such company that the line thereof may be improved, such directors may, from time to time, alter the line, and cause a new map to be filed in the said register's office, and may thereupon take possession of the lands embraced in such new location that may be required for such construction and maintenance of such road on such new line, either by agreement with the owner or by such proceedings as are authorized under the preceding sections of this act, and use the same in place of the line for which the new is substituted. SEC. 27. And be it further enacted, That whenever the track of such railroad shall cross a road or highway, such road or highway may be carried under or over the track, as may be most expedient; and in cases where an embankment or cutting shall make a change in the line of such road or highway desirable, with a view to a more easy ascent or descent, the said company may take additional lands for the construction of such road or highway, or such new line as may be deemed requisite by the directors. Unless the lands so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be ascertained in the manner in this act provided, as nearly as may be, and duly made by such corporation to the owners and persons interested in such lands, and the same, when so made and compensation made, to become part of such intersecting road or highway, in such manner and by such terms as the adjacent parts of such highway may be held for highway purposes. Conductors SEC. 28. And be it further enacted, That every conductor, baggageand servants master, engineer, brakeman, or other employees of any such railroad coremployed on passenger trains poration, employed on a passenger train, or at stations for passengers, or at stations for shall wear upon his hat or cap a badge which shall indicate his office, and passengers, to wear badge, &c.; the initial letters of the style of the corporation by which he is employed. not to exercise No collector or conductor without such badge shall demand, or be entitled authority unless to receive, from any passenger any fare, toll, or ticket, or exercise any of they wear such badge. the powers of his office; and no other of said officers or employees without such badge shall have any authority to meddle or interfere with any passenger or property. SEC. 29. And be it further enacted, That every such corporation shall Annual report make an annual report to the clerk of said supreme court of the operations of the year ending on the first day of January, which report shall be verified by the oath of the treasurer and acting superintendent of op- of railroad corerations, and filed in his office by the tenth day of January of each year, and to whom to porations when and shall state: First. The capital stock and the amount actually paid be made, and to in. Second. The amount expended for the purchase of lands, for the state what. construction of the road, for buildings, and for engines and cars respectively. Third. The amount and nature of its indebtedness, and the amounts due the corporation. Fourth. The amount received for the transportation of passengers, of property, of mails, and from other sources. Fifth. The amount of freight, specifying the quantity, in tons of the products of the forest, of animals, of vegetables, food, other agricultural products, manufactures, merchandise, and other articles. Sixth. The amount paid for repairs, engines, cars, buildings, and salaries. Seventh. The number and amount of dividends, and when paid. Eighth. The number of engine-houses and shops, of engines and cars, and their char acter. SEC. 30. And be it further enacted, That any such corporation shall, when applied to by the Postmaster-General, convey the mails of the United States on their road; and in case such corporation shall not agree to the rates of transportation thereof, and as to time, rate of speed, manner, and condition of carrying the same, the said supreme court may appoint three commissioners, who shall fix and determine the same. SEC. 31. And be it further enacted, That if any passenger shall refuse to pay his fare or toll, the conductor of the train may put him out of the cars at any usual stopping-place. Corporation to carry the mails when requested. Rates, &c. how to be deteragreed upon. mined, when not Passengers re fusing to pay fare may be put out the cars at, &c. Cars to be run accommodations to be furnished SEC. 32. And be it further enacted, That every such corporation shall start and run their cars for their [the] transportation of persons or prop- at regular times, erty at regular times, to be fixed by public notice, and shall furnish and sufficient sufficient accommodation for the transportation of all such passengers and property as shall within a reasonable time previous thereto offer, or to be for passengers offered, for transportation at the place of starting, and the junction of and freight. other railroads, and at siding and stopping places established for receiving and discharging way passengers and freight, and shall take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor. SEC. 33. And be it further enacted, That in case of the refusal by such corporation or their agents so to take and transport any passenger or property, or to deliver the same at the regular appointed place, such corporation shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suit. Corporation liable in dam ages for refusal to take, &c. passengers or freight. In passenger trains, baggage, be placed in rear &c. cars not to SEC. 34. And be it further enacted, That in forming a passenger train, baggage, or freight, or merchandise, or lumber cars shall not be placed in rear of passenger cars; and if they or any of them shall be so placed, and any accident shall happen to life or limb, the officer or agent who so of passenger directed or knowingly suffered such arrangement, and the conductor or engineer of the train, shall each and all be held guilty of intentionally causing the injury, and be punished accordingly. cars.. Penalty. Increase of SEC. 35. And be it further enacted, That the railroad companies may increase the amount of their capital stock only by filing in the office of the capital stock. register of deeds a certificate stating the amount of such desired increase, and the reasons or necessity for the same, signed by the president and a majority of the directors, and attested by the secretary, and seal of such company, and in no case to a greater amount than the actual cost of building and equipping said road. No railroad to be built until Congress approve its route and termini. Congress may SEC. 36. And be it further enacted, That no railroad shall be built under the provisions of this act until the route and termini of said road shall have been approved and sanctioned by Congress; and Congress may make all needful rules and regulations for the operation and management make rules and of said railroads, and may regulate the rates of fare and freight upon and freight. regulate fares such roads: Provided, That nothing in this act contained shall be con- Proviso. panies. Railroad com- strued to limit the right of the municipal authorities of the cities of Washington and Georgetown, respectively, to regulate the running of trains, or to establish the grade upon [which] said roads shall be built, within said cities respectively. Act may be altered, &c. and tion under this any incorpora act may be amended by Congress. Liabilities previously incurred not af fected. Provision for stock. SEC. 37. And be it further enacted, That the Congress of the United States may at any time alter, amend, or repeal this act, saving and preserving all rights which may become vested under the same, and may amend or repeal any incorporation formed or created under this act; but any such amendment or repeal shall not, nor shall the dissolution of any company formed under this act, take away or impair any remedy given against any such corporation, its stockholders, or officers, for any liability which shall have been previously incurred. SEC. 38. And be it further enacted, That it shall be lawful for all comcollecting sub-panies formed and incorporated, or which shall hereafter be incorporated, scription to under the provisions of the foregoing act, to sue for and collect any installment or subscription to stock due or to become due to said companies formed under said act, in like manner as other debts are now collected, bia can be con- and before any court having jurisdiction of the amount claimed: Provided, however, That nothing contained in this act shall be so construed as to authorize any corporation organized under the same to construct or own any railroad outside of the District of Columbia. outside the District of Colum structed or owned by any corporation under this act. May 5, 1870. Locations of rertain agricultural college serip in Wiscon APPROVED, May 5, 1870. CHAP. LXXXI. An Act legalizing certain Locations of agricultural College Scrip therein designated. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all locations of agricultural college scrip allowed prior to December first, eighteen hundred and sixtyseven, at the several land offices in the State of Wisconsin, in excess of in in excess, the maximum quantity authorized by the act entitled "An act donating &c. legalized. 1862, ch. 130. public lands to the several States and Territories which may provide colVol. xii. p. 503. leges for the benefit of agriculture and the mechanic arts," approved July second, eighteen hundred and sixty-two, be, and the same are hereby, legalized; and the commissioner of the general land office is authorized to issue patents upon such locations: Provided, That the same shall be in all other respects legal and valid. APPROVED, May 5, 1870. Patents to issue. Proviso. May 5, 1870. N. Y., may tion. Proceedings. CHAP. LXXXII. — An Act authorizing the first national Bank of Delhi, New York, to change its Location. Be it enacted by the Senate and House of Representatives of the United First National States of America in Congress assembled, That the First National Bank Bank of Delhi, of Delhi, now located in Delhi, Delaware county, State of New York, is change its loca- hereby authorized to change its location to the village of Port Jervis, Orange county, State of New York. Whenever the stockholders representing three fourths of the capital of said bank, at a meeting called for that purpose, determine to make such change, the president and cashier shall execute a certificate under the corporate seal of the bank specifying such determination, and shall cause the same to be recorded in the office of the comptroller of the currency, and thereupon such change of location shall be effected, and the operations of discount and deposit of said bank shall be carried on under the name of the First National Bank of Port Jervis, in the village of Port Jervis, Orange county, State of New York. SEC. 2. And be it further enacted, That nothing in this act contained of bank not af shall be so construed as in any manner to release the said bank from any liability or affect any action or proceeding in law in which the said bank may be a party or interested. And when such change shall have been determined upon as aforesaid, notice thereof and of such change shall be New name. Liabilities, &c. fected. Notice of change. published in at least two weekly newspapers in each of the counties of Delaware and Orange, in the State of New York, for not less than four successive weeks. SEC. 3. And be it further enacted, That this act shall take effect and be in force from and after its passage. APPROVED, May 5, 1870. CHAP. LXXXIII- An Act to change the Time for holding the Circuit and District When act takes effect. May 5, 1870. Terms of United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the circuit and district courts of the United States in the district of Wisconsin shall commence circuit and disat the city of Milwaukee on the first Monday of April, and on the second trict courts in Monday of October, in each year, and on the fourth Monday of June, in each year, in the city of Madison. Wisconsin. Special terms. Venires. Proviso. SEC. 2. And be it further enacted, That special terms of said court may be ordered and held, by the judges of said courts, respectively, at either the city of Milwaukee or the city of Madison, as business may require; and that a venire may issue for a grand or petit jury, to attend any such special term: Provided, That no special term of the circuit court shall be called without the concurrence of the circuit judge. SEC. 3. And be it further enacted, That all recognizances, indictments, Pending prowrits, process, and other proceedings, civil and criminal, now pending in cess. either of said courts, shall be entered, heard, and tried at the times for holding said courts respectively, as herein provided. When act SEC. 4. And be it further enacted, That this act shall take effect and be in force from and after the first day of June, eighteen hundred and takes effect. seventy, and all acts and parts of acts authorizing the holding of stated or special terms of either of said courts be, and hereby are, repealed. APPROVED, May 5, 1870. Repealing clause. CHAP. LXXXIV. An Act to create additional Land Districts in the Territory of May 5, 1870. Dakota, to be called the Springfield and Pembina Districts. See Post, p. 293. tablished in Da trict; location of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United Additional States be, and he is hereby, authorized to establish additional land dis- land districts estricts in the Territory of Dakota, which districts shall be respectively kota Territory. bounded as follows, viz.: commencing on the Missouri river, at the in- Boundaries of tersection of the line between ranges fifty-seven and fifty-eight west; Springfield disthence north with said range line to the intersection of the line between townships one hundred and twenty and one hundred and twenty-one north; thence west on said township line to the west line of the Territory; thence down said line to the southern line of the Territory; thence east to the place of beginning. Said district, as above bounded, shall be known and designated as the Springfield district; and the office of said district shall be located at the town of Springfield, or such place as the office; President shall direct in the Territory of Dakota; that portion of the Territory bounded as follows, viz.: on the east by the western boundary of the State of Minnesota; on the south by the line between townships one hundred and twenty and one hundred and twenty-one north; on the west by the west line of the Territory; and on the north by the forty-of the Pembina district. ninth degree of north latitude, which district shall be known as the Pembina district; and the office of said district shall be located at the Location of town of Pembina, or at such place as the President shall direct in said office; Territory; and the President of the United States shall have power to change the location of said land offices, in said Territory, from time to changed. time, as the public interests may seem to require. may be |