Page:United States Statutes at Large Volume 16.djvu/39

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FOR'I`Y—FIRST CONGRESS. Sess. I. Ch. 5. 1869. 5

 may suefor and collect the unpaid instalments in any court of competent

i jurisdiction. g Sec. 7. And be tt further enacted, That the said corporation is hereby Corporation i empowered to purchase, lease, receive, and hold such real estate or other m”Y Purchase , property as may be necessary for accomplishing the ob'ects of this act andh(?1dr°u1 p d b h · . J s estate, E an may y the1r agents, engineers, contractors, or workmen imme- k i diogely enter upon, take possession of, and use all such real estate gyggian property as may be necessary for the construction, maintenance, and €1‘t)’.¤€0€5-

 operation of said railroad and the accommodations appertainino thereto. sary! &°‘

I But all real estate or property thus entered upon and appropriated by Proceedings. i said railroad, and the accommodations appertaining hereto, which are when °h° °°"P°‘ Q not donations, shall be purchased by said corporation of the owner or gig;} giioipgiiyl-

 owners of the sameat a price to be mutually agreed upon between them; °¤¤¤°° ’*S"“

5 and in case of a disagreement as to price, the said corporation, or the up°n th° pri°°' SQ owner or owners of such real estate or property, shall apply by petition Q to a justice of the supreme court of the District of Columbia, particularly Petitions to i describing the property; and the said justice, upon receiving such appli- °°u”'

 gation, shall cause such notice to be given to the other party as he shall

g _ eem proper and sufficient, appointing therein a time and place for hear· _ 5 ing the parties; at which time and place, upon proof that the notice di- H°”mg'

 rected has been given, the said justice shall direct the manner of ascer-

Q taining the true yalue of said real estate or other property, together with 5 thetdamlpges whichfthpl owner or owners thereof have sustained, or may E sus am y reason o the appropriation occupation and use ther f b th E said corporalgion; and the said justice shall appciint not less dian ihre; nor more t an seven competent and disinterested commissionero h C ‘ ‘ Q shall be freeholders in the District of Columbia, and at least one oflthbni “”·0mm1sSum g shall be a resident of the municipal corporation in which said real estate { oriother property may be situated, and who shall, under the direction of

 said justice, view said premises or property, take such testimony as they

Q may deem proper, make appraisement, and determine said damages, and Damages and k rppart tlpclsame ·under oath and in writing to said justice. The report ‘°P°"· E sia con ain a minute and accurate description of the real estate a d

 other property- appraised, together with all the evidence taken by the
 commissioners in ·the·case. It shall be the duty of said justice to exam- t. P°W°" °f·l“s’
 metthi repplrtilot said lpommissioners, and upon application of either plgidfvcr the YG_

g par y 16 s a give the parties a hearing in relation thereto · and

 he shall have power to increase or diminish said a raisal or ,d
 . am- _

it ages if he shall become satisfied upon such hearing thet injustice has asm damages

 bpen done. Upon proof to the said justice, to be made within sixty days
 a te;; his zetermination of payment to the owner or owners, or depositing
 to thebciciit of the owner ordowners, or their legal representatives, in

suc auring institution as said justice shall direct, the amount of sa`d

 award, and the. payment of all expenses attending the same, includirig

Q an allowaplce ot- three dollars per diem to each of the aforesaid commisg EQ23i2S51E.?.??`.?. ·L`1?é$°pF§‘,?§i.§”‘§“‘i ‘” ·?‘°°‘"‘i‘i; "”`“°'*“`"" °””$”$"“g " “°’°° °* "‘° _ _ , U T90i mg 8 8.ppl‘&lSeII1€I1li 0 am- couri-

 ages. and the mode of making it, together with such facts as he may deem
 pertmlent; and when the said order or decree shall be recorded in the Effectof do-
 recor ei s office of the county or city in which such real estate or other °“° ‘”h€¤ *¤·
 propeity is situated, the said corporation, or its successors or assigns, Corded'
 shlall be legally or equitably seized and possessed of such real estate or

g pt er property forvthe use and for the purposes hereinbefore described.

 n case any married woman, infant, idiot, insane person, or non-resident Property of

, of the district in which said real estate or other property may be situated, Sirs3F}? ‘f“d‘“` é shall be interested in such real estate or other property, the said justice [sa lit} ` 5 shall appoint some competent disinterested person to appear before said Z cpmmissioner and act for and in behalf of such married woman, infant,

, 1 not, insane person, or non-resident.