152 RAILROADS.
of damages assessed, and shall return a plat of the land thus condensed. 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 resides within the county where said land is situated. If such owner is anon-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.
Sec. 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 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 the 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 shall be confirmed. In all such cases the court shall adjudge the costs of the proceedings according to the equity of the cases; and the said court shall have power to make such orders, and take such other steps as wall promote the ends of justice between the owner of said lands and said company.
Sec. 8. In case of refusal of said right of way, by the owner of land, the said company may occupy the same for the purpose of constructing the said road, upon filing good and sufficient bonds, conditioned to pay all damages that may be adjudged against them, with the judge of the district court of the county where the land is situated, and upon his approval of the same.
Sec. 9. The said company are authorized and empowered to borrow, from time to time, such sums of money, not exceeding at any one time, double the amount of stock subscribed, and upon which not less than five per cent. shall have been paid in
