296 THIRTY—NINTH CONGRESS. Sess. I. Ch. 278. 1866. of any Territory or State in which the same may be situated, to form running connections with it, on fair and equitable terms. _ _ Lands on Sec. 6. And be it further enacted, That the President of the United {2***** jld°°g°f States shall cause the lands to be surveyed for forty miles in width on ,$i,g,£m both sides of the entire line of said road after the general route shall be fixed, and as fast as may be required by the construction of said rail- Odd sections road; and the odd sections of land hereby granted shall not be liable to §;’;kfgl°0:°:ff· sale or entry, or pre-cmption, before or after they are surveyed, except by ,mp;;O;,_ said company, as provided in this act; but the provisions of the act of P1‘<>ViSi$>¤S ’>*` September, eighteen hundred and forty-one, granting pre-emption rights, Ezxglgzffzftgd and the acts amendatory thereof, and of the act entitled "An act to secure extended to homesteads to actual settlers on the public domain," approved May twenty, l““g’ °“ll“° °f eighteen hundred and sixty-two, shall be, and the same are hereby, ex- $,2 c;,_16,§w_ tended to all other lands on the line of said road when surveyed, except- Ve1·0v· 455- ing those hereby granted to said company. Vg5G;},? P22; SEO 7. And be fl further enacted, That the said Atlantic and Pacific Company may Railroad Company be, and is hereby, authorized and empowered to enter mke ¤¤>' lend upon, purchase, take, and hold any lands or premises that may be neces— necessary for . . . Workin °,·m,,d_ sary and proper for the construction and working of said road, not ex- Widri. ceeding in width one hundred feet on each side of the line of its railroad, unless a greater width be required for the purpose of excavation or em— mI£:¤gscf°*' SW bankment; and also any lands or premises that may be necessary and ’proper for turn·outs, standing places for cars, depots, station-houses, or any other structures required in the construction and working of said road. Trees. 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 Dainngeahow in case the owner of such lands or premises and the said company cannot “‘b°d°“"“i“°d· agree as to the value of the premises taken, or to be taken, for the use of said road, the value thereof shall be determined by the appraisal 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 Whenlends the value thereof if the road had not been built. And upon return into °’°t°b° d°°m°d court of such a r i em t d th tl f th umm by mc I pp a s en , an upon e paymen into t ic same 0 c company. 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 afore- _ Appeal to a said. And either party feeling aggieved at said appraisement may, J¤¤‘.Y· within thirty days after the same has been returned into court, Hle 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 com- A Guam to pany to·enter ·upon the- premises taken, or to do any act necessary and K,v°P,£md5_ proper m theconstruction of its road. And said party appealing shall give bonds, with sufficient surety or suretics, for the payment of any cost that may arise upon such appeal; and in casc the party appealing does not Costs. obtain a verdict more favorable, such party shall pay the whole cost in- Payment into curred by the appellee, as well as his own, and the payment into court, wgggzssm for the use of the owner of said premises taken, at a sum equal to that
- q,,,,,d,,,,,,,,, finally awarded, shall be held to vest in said company the title of said
title of land in land, and the right to use and occupy the same for the construction, °°?r€;‘zhingS maintenance, and operation of said road. And in case any of the lands where lands to be taken as aforesaid shall be held by an infant, femme covert., non com- ¥k°¤ ¤° helgu pos, insane person, or persons residing without the Territory within which d,y,;£§E?;?un the lands to be taken lie, or persons subjected to any legal disability, the court may appoint a guardian, for any party under any disqualification, to appear in proper person, who shall give bonds, with sufficient surety or sureties, for the proper and faithful execution of his trust, and who may
