said road to said company, or if the owner be an infant, or person of unsound mind, or a non-resident of the territory, the facts of the case shall be clearly stated in writing to the judge of the district court of the county in which said land is situated, either in vacation or term time, and the judge shall appoint three disinterested citizens of the county, as commissioners, to view such lands, who sball take into consideration the value of the land and the advantages and disadvantages of the road to the same, and shall report, under oath, what damage shall be done to said road [land), or any improvement thereon, stating the amount of damages assessed, and shall return a plat of the land thus condemned. Written notice of such application to the judge shall be given to the owner of such land, five days before making such application, if such owner reside within the county where said land is situated. If such owner is a non-resident of said county, he may be served by actual notice, or by publication for four weeks in some newspaper published nearest to said land: Provided, Such newspaper shall be a paper published within the territorial limits of the Territory of Dakota.
Sect. 7. The persons to view and value such lands shall file their report in the office of the clerk of the district court of the county where such lands are situated, and if no valid objection be made to said report within ten days, the court shall enter judgment against said company for the amount of damages so assessed, and shall make an order vesting in said company the fee-simple title to the lands described in said plat and report, as given to the use of said road. Objections to such report must be filed within ten days from the time the same was filed, which objections may be examined by said judge in term time or vacation, and he may hear testimony, and by judgment confirm said report, or may set aside the same and appoint three other viewers, who shall proceed in the same manner and make their report, until the same be confirmed ; in all such cases the court shall adjudge the costs of the proceedings according to the equity of the case, and the said court shall have power to make such orders, and take such other steps as will promote the ends of justice between the owner of said lands and said company.
Sect. 8. In case of refusal of said right of way, by the
