GENERAL INCORPORATION. 79 the manner herein required, it shall be lawful for such corporation to hold the interests _1u such lands or materials on said roadway within fifty feet on each side of the center of such roadway, for the uses aforesai . SEc._657. The cost of the award shall be paid by such company; and Cost of award. on notice by any party interested and showing said proceedings, the court may order the payment thereof and eniorce such payment by eo, s_ gf;} m ’pI[ execution. 112, 113, ’ SEQ. 658. The award of the arbitrators may be reviewed by the court., Review on appeal. in which such proceedings may be had, on written exceptions tiled by "f,?` either party, in the 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. Sec. 659. Notwithstanding such appeal, the company may take pos- Company may session of the property described as aforesaid, and the subsequent pro- *’*k° P°"°°¤i°”» ceedings on the appeal shall only affect the amount of compensation to wh°_"‘ , be allowed, if prior to the assessment the corporation shall tender to Ibid. 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 afterward made, exclusive of costs. Sec. 660. The costs of arbitration shall be paid equally by such com- Costs of arbitrapany and such owner or guardian. ti•;r;_d 1 . Sec. 661. If there are any adverse or conflicting claimants to the Moueytobepaid money, or any part of it, to be paid as compensation for the real estate *1**0 ¤¤¤¤ 5 Wh¤¤- taken, the court may direct the money to be paid into court by the com- p,m_,,,_g2,P_ H3_ pany until it can determine who is entitled 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. Sec. 662. The court shall appoint some competent attorney to appear Court to protect for and protect the rights of any party in interest who is unknown, or iiubte of Parties i¤ whose residence is unknown, and who has not appeared in the proceed- ‘ ings hy an attorney or agent; the court shall also have power, at any Ibid.,s.23. time, to amend any defect or informality in any of the special proceedings authorized by this chapter as may be necessary, or to cause new parties to be added, and to direct such further notice to he given to any party in interest as it deems proper, and also to appoint other commissioners in the place of any who shall die, or refuse, or neglect, or are unable to serve, or who may leave or be absent from the District. Sec. 663. At any time after an attempt to acquire title by appraisal Detective title; of damages, or otherwise, if it shall be found that the title thereby ;'z,'°d"'°Y b° P°" attempted to be acquired is defective, the company may proceed anew ..1.;;... to acquire or perfect the same in the same manner as if no appraisal Ibrd.,¤.24. had been made; and at any stage of such new proceedings the court may authorize the corporation, if in possession, to continue in possession, to take possession of, and use such real estate during the pendency and until the fiual conclusion of such new proceedings, and may stay all actions and proceedings against the company, or any officer or agent or workmen of such company, on account thereof, on such company paying into court a sufficient sum, as the court may direct, to pay the compensation therefor, when finally ascertained; and in every such case the party interested in real estate may conduct the proceedings to a conclusion, if the company delays or omits to prosecute the same. Sec. 664. Such company may, from time to time, borrow such sums Powermbcrrow of money as they may deem necessary for completing or operating their railroad, and issue and dispose of their bonds for any amounts so bor- g.;; rowed, for such sums and at such rates of interest as may be agreed Ibid., r. 25, p. 114. upon, and mortgage their corporate property and franchises to secure the payment of any debt contracted by the company; and the directors of the company may confer on any holder of any bond i sued for money so borrowed the right to convert the principal due or owing thereon into
Page:United States Statutes at Large Volume 18 Part 2a.djvu/84
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