tors. fore or hereafter incorporated, shall have failed to clect its officers Election of direeat the time designated, it shall be lawful for such company, association or society to call a meeting and elect its officers, who shall hold their respective offices until the time specified for the annual, or other fixed time for holding such elections; and whenever any incorporated company heretofore organized, or that may hereafter be organized under the provisions of this act, shall have a specified time fixed for its annual meeting, a majority of the Change of time of stockholders in interest, may, at any regular annual meeting, change the time of the annual meeting thereof. Appropriation of Private Property for the use of Corpora tions. annual meeting. SEO. 52. All appropriations of private property to the use of Appropriation of any and every corporation now existing, or that may hereafter for corporate uses be created in this Territory, which may be authorized by law to make such appropriation, for the right of way, or for any other purpose which may be within the scope of the legal authority of such corporation, shall be made and conducted in accordance with the provisions of this act. agree with owner. SEC. 53. Whenever any such corporation shall wish to make when unable to any such appropriation, and shall be unable to agree with the owner or owners of the property sought to be appropriated, or with his or her or their authorized agent or attorney, upon the compensation to be paid therefor, it shall be the duty of such corporation, by its proper officer, agent or attorney, to make out a statement, which shall contain a specific description of each parcel of property and rights sought to be appropriated, within the county where such application shall be made, and which such corporation, at the time of filing such statement, secks to appropriate, of the work, if any, intended to be constructed thereupon, the name or names of the owners of each parcel, if known, or if not, a statement of the fact; and such statement shall be forthwith filed with the probate judge of the proper county. judge. summoned by SEC. 54. That it shall be the duty of the probate judge, on Duty of probate receiving such notice, to immediately notify the clerk of the court and sheriff of the county, of the filing of such statement, and the clerk and sheriff, shall, within one day [after] receiving Jury selected and such notice, proceed to select, from the names returned, to serve clerk and sheriff. as jurors, a jury of twelve men, in the same manner that jurors are selected for the trial of any cause, in the probate court, for the purpose of estimating and valuing the amount of compensation each owner or owners shall receive, or be entitled to by reason of such appropriation; and the clerk shall immediately return the names of jurors, so drawn, to the probate judge, who shall thereupon issue his venire facias to the sheriff, or other proper officer of the county, to summon such jurors, so drawn as aforesaid, to attend, on some day specified, at the office of said judge, not exceeding five days from the issuing of said venire, within five days. then and there to be empannelled and sworn to render a just verdict in the manner hereinafter prescribed, and shall, at the time of issuing such venire, issue a notice, to the several owners of property so sought to be appropriated, of the time when such jury will meet at the office of said judge, for the purpose afore-said; which notice such sheriff or other officer shall serve upon the party therein named at the time of serving such venire. Jary to attend Notice to owners. Shiriff to summon owners SEC. 55. It shall be the duty of the sheriff, or other proper officer receiving such venire facias, to summon the persons therein named, in the same manner that jurors are summoned to If jury not full, attend the probate court, and if, by reason of non-attendance, how supplied. Challenge for osuse only. Oath to jury. challenge for cause, or for any other reason, such jury shall not be full, the sheriff shall fill the same with talesmen, as in like cases in the probate court; but no challenge, except for cause, shall be allowed to either party. SEC. 56. When the panel is so filled, it shall be the duty of the probate judge to administer the following oath to the jury so impannelled, to-wit: "You and each of you do solemnly swear, (or affirm,) that you will justly and impartially assess, according to your best judgment, the damages, in money, which (here name the owner or owners) will each sustain by reason of the appropriation of such property to the use of, (here repeat the name of the corporation,) in the proceedings now pending, and you do further swear, (or affirm,) that you will truly, faithfully and impartially estimate and assess the amount of such compensation, irrespective of any benefit to him from any improvement proposed by said corporation. This you swear as you shall answer to God, (or affirm,) under the pains and penalties of perjury." Judge shall ques- And the said probate judge, before administering such oath or affirmation, shall personally inquire of each juror whether he is interested in such corporation, whether as owner, stockholder, agent or attorney, or in any other manner and if any juror shall answer such question in the affirmative, such juror shall be excused from serving, and the panel shall be filled with talesmen, by the sheriff, as in other cases. tion juries as to their interest. When Jurors exoused. SEC. 57. It shall be lawful for the probate judge, upon mo tion of either party, to issue the following writ to the sheriff or other proper officer, to-wit: "To the sheriff of county You are hereby commanded to conduct the twelve jurors, named the day of day of Jurora to be con ducted to the premises by a worn officer. Judge shall certi- fy to officers' cribing each par Sheriff shall cer tify that the view has been made on the writ, to view the premises or property aforesaid, in the presence of A. B., on the part of the corporation aforesaid, and C. D., on the part of the owner or owners appointed by this court, and you shall make return of the manner you have executed this writ, to this court, on the -, A. D., —, and have you, then and there, this writ." The aforesaid shall be signed by the probate judge, and certified under his seal of office, and he shall also deliver to the sheriff a copy of the statement containing a separate description of each parcel of property and rights, sought to be appropriated within the county; and he shall have the power to appoint the two persons therein named; and the sheriff or other proper officer who is to execute said writ, shall, by a special return upon the same, certify, under his hand, that the view has been made according to the command thereof. The expenses of taking said view shall be taxed in the bill of costs. costs, and no evidence shall be given, on either side, at the taking thereof: Provided, That witnesses may be examined before said jury, after their return to the court aforesaid, and the trial, in each case, shall be conducted thereafter, in said probate court, in the same manner that the trial of civil cases is conducted in the supreme court of the district in which said proceeding is had: Provided, That if more than three witnesses Costs of more are examined by either party, on the same point, in the same nesses taxed to case, the said probate judge shall have power to tax the fees and same. costs of such witnesses to the party calling the same. No evidence giv en at taking view of property. Witnesses exami ned after return of jury. than three wit party calling Where owners are unknown. SEC. 58. If the owner or owners, or his, her or their guardian, as the case may be, are unknown, or do not reside reside within the county where such property may be situated, such corporation, by its proper officer, authorized agent or attorney, shall make affidavit to that fact, and shall, nevertheless, file such statements as are required by the fifty-second sectiom of this act, in the probate court, and shall also publish, in some newspaper Publication of of general circulation in such county, for the term of four weeks, wooks. an advertisement containing a description of the property sought to be appropriated, and a notice that they have made applica same Time of trial tion, according to law, for such appropriation, specifying the day, which shall be within ten days from the expiration of said of the publication term of four weeks, in which a jury shall be selected to assess within ten days from expiration Fees of jurors. Fees of sheriff. the compensation to be paid therefor; and, upon such day, a jury shall be impannelled and sworn by the probate judge, and the proceedings shall thereafter be conducted in accordance with the foregoing provisions of this act. SEC. 59. The jurors, summoned and serving in accordance with the provisions of this act, shall each receive one dollar per day for their services, and five cents per mile for every mile of the distance they may be compelled to travel in the discharge of their duties; the sheriff shall be entitled to such fees as he may be allowed, by law, for similar services in other cases, but he Fees of witnesses. shall not be allowed anything in the way of poundage; the witnesses shall be allowed the same fees to which they would be entitled for attendance on the supreme court; the probate judge shall be allowed to enter a charge of three dollars, in the costs of the bill, for his services, and no more; and the whole costs, so taxed, shall be paid by the corporation seeking to make such Corporation may appropriation: Provided, That such corporation, by its proper with judge and if officer, agent or attorney, may, at the time of filing the statement aforesaid with the probate judge, deposit with said officer such amount, in money, as they may deem just and equitable compensation for the property and rights sought to be appropriated, and if the final verdict of the jury shall not exceed the amount so deposited, the whole costs of the proceedings shall be equally divided between the corporation and the owner of such property, in case of his refusal to accept the same. Costs to be paid by corporation. make deposit verdict does not exceed the der sit, costs to be divided. Proceedings open to exception; how taken. SEC. 60. All the proceedings herein provided for in the probate court, shall be open to exceptions, in the same manner that exceptions are or may be taken in civil suits in the district court, and either party may take the same up to the district court of the proper district, on a writ of certiorari, which shall be issued of course by the clerk thereof, upon the filing of a precipe, in which case such exceptions, signed and sealed by the probate judge, shall be taken and considered a part of the record of such proTo be taken with- ceedings: Provided, That such writ of certiorari shall be issued within fifteen days from the rendition of the judgment in the probate court: Provided, That such corporation shall have the finding of jury to right, on the finding of the jury in the probate court, to pay into the court the amount of compensation so found, and proceed to in fifteen days. Corporation on pay into court and enter upon the property. enter upon and appropriate such property, notwithstanding the cause may be removed to the district court. If judgment of red, costs to be probate court afpaid by the party appealing. If decision retained for trial. versed, cause re SEC. 61. If the district court, upon the hearing of the cause, shall affirm the judgment of the probate court, all costs in said district court, shall be paid by the party at whose instance the writ of certiorari shall have been issued; and, if they shall reverse such judgment, they shall retain such cause for trial and final judgment in said district court, as in other cases, which trial shall be had at the term of the renewal of such original judgment, unless, for good cause shown by either party, the court shall grant a continuance of such cause; and on the trial of such cause in Continuance the district court, the same oath or affirmation shall be adminis- Oath. tered to the jury as is provided for in the fifty-sixth section of this act. granted for cause. Verdict of jury entered on min utes, unless new trial granted. judgment upon amount with ration shall hold excess to be paid to owner. SEC. 62. The jury shall render their verdict to the judge of said court, who shall enter the same on his minutes; and unless, for good reason shown, the court shall grant a new trial, the judge shall enter on record a confirmation of the verdict so rendered, and upon the payment of the amount for which the verdict is ren- Court shall render dered, and such costs as may be assessed, the court shall render payment of the a judgment to the effect that the said corporation shall hold the costs, that corpoproperty in the proceedings mentioned, for the purposes for which the property. the same was appropriated, and enter the same upon record, and thereupon such corporation shall hold the same accordingly and be entitled to execution, to put them in possession thereof: Provided, That, if upon certiorari or a new trial there shall be a Upon a new trial second assessment, which shall exceed in amount the first made, the corporation shall pay the excess to the owner of such property; and the probate judge receiving the amount so first decided to be due, shall retain the same in case a writ of certiorari shall issue or a new writ of trial be granted; and, if the verdict of the second jury shall be less than that of the first, he shall repay to such corporation the difference upon the final disposition of the cause: And provided, further, That in case a new trial shall New trial granted be granted, at the instance of the owner or owners of the property, owners, costs how and the verdict of the second jury shall be the same as or less in amount than the first rendered, such owner shall pay the whole costs of the second proceeding, and, if it shall be more than the first rendered, the costs of the second proceeding shall be paid by the corporation. SEC. 63. The probate court shall have power to enforce the judgment rendered finally in such cause, by execution or other wise. at instance of paid. Powers of probate court. |