Page:United States Statutes at Large Volume 27.djvu/360

FLFTY-SECOND CONGRESS. Sess. I. Ch. 322. 1892. 333 unless an appeal from said award shall be taken and perfected as here- APP<=¤l· inafter provided; and either party may appeal to the said court within ten days from and after the return of the said award to said court by Bling notice of such appeal with the clerk of said court, and upon said appeal the case shall be docketed in said court in the ordinary form, in which the company shall be plaintiff and the other parties shall be defendants, and shall be tried by a jury, if either party shall require the same, according to the ordinary course of trial by jury in said court. Should said company desire to take possession of P<>¤={·¤>¤¤i<>¤ P<·>¤*¤¤r-5 the land and property mentioned in its said application prior to °m°°”° the determination of the appeal, it shall have the right so to do upon Bling with the clerk of said court a bond in the penal sum of double the amount of said award, conditioned to pay such judgment as may be given by said court upon the trial of the appeal. The sureties on said bond and the form thereof shall be approved by said court. In case the judgment rendered by the court upon said €•>¤*¤<>¤¤1>i>•¤¤1- atppeal, either with or without a trial by jury, shall be for a sum less t an the amount awarded by the commissioners aforesaid, then the costs shall be paid by the parties defendant; in case the judgment shall be for a greater sum than the amount awarded by the commissioners, then the costs shall be paid by the company, and judgment for costs shall be rendered accordingly. Upon payment of the judgment ren- m'1£l°°¤P¤¥i¤g5¤dS· dered by said court, either upon the confirmation of the award or upon ` trial of the appeal, or upon tender of such payment, the company shall be entitled to_all the rights, interests, and estate of the parties to the proceeding to the same extent as if the same had been legally conveyed by them in fee simple to said company, unless the said company shall within ten days after the rendition of said judgment disclaim the taking of said property, which shall be done in writing and Bled in said case. An appeal shall lie from the judgment of said court to the supreme Appeal from ummm court in general term or to the Supreme Court of the United States, as °f °°‘“‘· now allowed by law in other cases, and the said company shall be, and is hereby authorized and empowered to construct, operate, and maintain said tracks, and in addition thereto tracks to and into the yards and stations aforesaid, and any of them in connection with the tracks or any of them hereinbeiore authorized or prescribed. Sec. 6. That the work on said road shall commence within one year ¤<>¤{¤¤g¤¤¤<>¤¤¤¤¤ ==¤d from and after the passage of this act, and shall be complete its entire °°mp ° m"' distance, and have cars running thereon for the accommodation of the public within two years from the passage of this act; otherwise this charter shall be null and void. Sue. 7. That said railway company shall, on or before the fifteenth C$¤;¤_;_¤;¤ ¤>1><>¤‘* *·· of January of each year, make a report to Congress of the names of all g ' the stockholders therein and the amount of stock held by each, together with a detailed statement of the bonded and other indebtedness and the receipts and expenditures, from whatever source and on whatever account, for the preceding year ending December the thirty-first, which report shall be verified by ailidavit of the president and secretary of said company; and if said report is not made at the time specified, or rmum ampm it within ten days thereafter, it shall be the duty of the Commissioners to f°"“"’ °“°"“· cause to be instituted judicial proceedings to forfeit this charter; and P¤y1¤¤¤¤ in kw of said company shall pay to the District of Columbia, in lieu of personal P°‘"°'”‘1 °“" taxes upon personal property, including cars and motive power, each year four per centum of its gross earnings, which amount shall be pay- able to the collector of taxes at the times and in the manner that other taxes are now due and payable, and subject to the same penalties on arrears; and the franchise and property of said company, both real and personal, to a sufficient amount, may be seized and sold in satisfaction thereof, as now provided by law for the sale of other property for taxes; and said per centum ot its gross earnings shall be in lieu of all other assessments of personal taxes upon its property, used solely and exclusively in the operation and management of said railway. Its real estate Rm °“*“‘°·