Page:United States Statutes at Large Volume 13.djvu/397

THIRTY·—EIGHTH CONGRESS. Sess. I. Ch. 217. 1864-. 369 transportation and telegraphic service. And it shall be the duty of the Northern Pacific Railroad Company to permit any other railroad which Shall be authorized to be built by the United States, or by the legislature 0*-lf! meds of any territory or state in which the same may be situated, to form Esgiogu °°°' running connections with it, on fair and equitable terms. Sec. 6. And be it further enacted, That the President of the United _Lands on both States shall cause the lands to be surveyed for forty miles in width on §g;f“f’§e'°:g zaboth sides of the entire line of said road, after the general route shall be y ’ Hxed, and as fast as may be required by the construction of said rail _ road; and the odd sections of land hereby granted shall not be liable to sale, or entry, or preemption before or after they are surveyed, except by said company, as provided in this act; but the provisions of the act of September, eighteen hundred and forty-one, granting preemption 1841, <=h- 16. rights, and the acts amendatory thereof, and of the act entitled “An act V°l' v' p" 453' to secure homesteads to actual settleis on the public domain," approved May twenty, eighteen hundred and sixty-two, shall be, and the same are 1862, eh. 75, hereby, extended to all other lands on the line of said road, when sur- V°1‘x“‘P‘392‘ veyed, excepting those hereby granted to said company. And the reserved alternate sections shall not be sold by the government at a price loss than two dollars and nfty cents per acre, when offered. for sale. Sec. 7. And be it further enacted, That the said “Northern Paciiic Company may Railroad Company " be, and is hereby, authorized and empowered to;:k°}:f?;;°a°f enter upon, purchase, take, and hold any lands or premises that may be ry necessary and proper for the construction and working of said road, not exceeding in width two hundred feet on each side of the line of its railroad, unless a greater width be required for the purpose of excavation or embankment; and also any lands or premises that may be necessary and proper for turnouts, standing places for cars, depots, station-houses, or any other structures required in the construction and working of said road. And the said company shall have the right to cut and remove trees and other material that might, by falling, encumber its road-bed, though standing or being more than two hundred feet from the line of said road. And in case the owner of such lands or premises and the said company cannot agree as to the value of the premises taken, or to be taken, for Damages, bow the use of said road, the value thereof shall be determined by the ap- d“°'mm°d· praisal of three disinterested commissioners, who may be appointed, upon application by either party, to any court of record in any of the territories in which the lands or premises to be taken lie; and said commissioners, in their assessment of damages, shall appraise such premises at what would have been the value thereof if the road had not been built. And upon return into court of such appraisement, and upon the payment into the same of the estimated value of the premises taken for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. And either party feeling aggrieved at said appraisement may, within thirty days after the same has been returned Appealfrom into court, tile an appeal therefrom, and demand a jury of twelve men to ”*°”"°°”*· estimate the damage sustained; but such appeal shall not interfere with the rights of said companyto enter upon the premises taken, or to do any act necessary and proper in the construction of its road. And said party appealing shall give bonds, with sufficient surety or sureties, for the pay- ment of any cost that may arise upon such appeal; and in case the. party appealing does not obtain a verdict, increasing or diminishing, as the case may be, the award of the commissioners, such party shall pay the whole cost incurred by the appellee, as well as his own, and the pay- ment into court, for the use of the owner of said premises taken, of a sum equal to that finally awarded, shall be held to vest in said company the title of said land, and of the right to use and occupy the same for the construction, maintenance, and operation of said road. And in case any