owner or other person interested in such property as damages, by reason of the appropriation of such property, and specifying the time and place of the first meeting of such commissioners, and fixing their compensation. Any party may object to the appointment of any person as a commissioner on the same grounds that he might object to him as a trial juror. Commissioners SEC. 214. The commissioners mentioned in the last section must, before entering upon their duties, severally take and subscribe an to take oath. oath before some person qualified to administer oaths, to faithfully and impartially discharge the duties of their appointment. The commissioners must meet at the time and place mentioned in the order -time and place appointing them, and proceed to examine the lands sought to be appro- of meetings. priated, and shall hear the allegations and evidence of all persons interested in each of the several parcels of land, and shall ascertain and assess: (1) The value of the property sought to be appropriated, and all duty. improvements thereon, pertaining to the realty and each and of every separate estate and interest therein; if it consists of different parcels, the value of each parcel and each estate or interest therein must be separately assessed. (2) If the property sought to be appropriated constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff. (3) Separately, how much the portion not sought to be condemned, and each estate or interest therein will be benefited, if at all, by the construction of the improvements proposed by the plaintiff, and if the benefit shall be equal to the damages assessed under subdivision two the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefits shall be less than the damages assessed the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value. (4) If the property sought to be condemned be for a railroad, the cost of good and sufficient fences along the line of such railroad, and the cost of cattle guards where fences may cross the line of such railroad. (5) As far as practicable compensation must be assessed for each source of damage separately. sation shall be as SEC. 215. For the purpose of assessing compensation and damages, Date with respect the right thereto shall be deemed to have accrued at the date of the to which compensummons, and its actual value at that date shall be the measure of sessed, and meascompensation of all property to be actually taken, and the basis of ure of damages. damages to property not actually taken but injuriously affected. If an order be made letting the plaintiff into possession, as provided in section two hundred and twenty-two, the compensation and damages awarded shall draw lawful interest from the date of such order. No improvements put upon the property subsequent to the date of the service of summons shall be included in the assessment of compensation or damages. Report of com SEC. 216. Within thirty days after giving their appraisement and the assessment of damages, the commissioners must file a report of missioners. their proceedings, accompanied by a map, if a right of way be sought, showing the route, location, and termini thereof, in the office of the clerk of the court, and the clerk must notify the parties interested that such report has been filed, which notice must be served upon all the parties interested in the same manner as a summons. SEC. 217. An appeal from any assessment made by the commissioners may be taken and prosecuted in the court where the report of the Appeal. commissioners is filed, by any party interested. Such appeal must be taken within the period of thirty days after the service upon appellant of the notice of the filing of the award by the service of notice of such appeal upon the plaintiff or his attorney in such proceedings, and the same shall be brought on for trial upon the same notice and in the -trial by jury. same manner as other civil actions; and unless a jury shall be waived by the consent of all parties to such appeal, the same shall be tried by jury, and the damages to which appellant may be entitled by reason of the appropriation of his property, shall be reassessed upon the same principle as herein before prescribed for the assessment of such damages by commissioners. Upon any verdict or assessment by commissioners becoming final, judgment shall be entered declaring that upon payment of such verdict or assessment, together with the interest and costs allowed by law, if any, the right to construct and maintain such railroad, or other public work or improvement, and to take, use, and appropriate the property described in such verdict or assessment, for the use and purposes for which the land has been condemned, shall, as against the parties interested in such verdict or assessment, be and remain in the plaintiff, and his or its heirs, successors, or assigns forever. In case the party appealing from the award of commissioners in any proceeding as aforesaid, shall not succeed in increasing the amount of damages finally awarded to him in such proceeding, he shall not recover the costs of such appeal; but all the costs of the appellee upon such appeal shall be taxed against and recovered from the appellant: -costs. Provided, Upon the trial of such appeal the plaintiff may contest the right of any party or parties thereto to any of the property mentioned and set forth or involved in the appeal, which was located after the preliminary survey of any such railroad seeking to condemn its right of way under and pursuant to the provisions of this Act: -period for com- Provided, Such condemnation proceedings are begun within one mencing proceed- year after such preliminary survey. ings. New proceedings SEC. 218. If the title attempted to be acquired is found to be defectto cure defective ive from any cause, the plaintiff may again institute proceedings to acquire the same, as in this chapter prescribed. title. Payment of damages. To whom paid. Final order of condemnation. SEC. 219. The plaintiff must, within thirty days after final judgment, pay the sum of money assessed; but may, at the time of or before the payment, elect to build the fences and cattle guards; and if he so elect shall execute to the defendant a bond, with sureties to be approved by the court, in double the assessed cost of the same, to build such fences and cattle guards within eight months from the time the railroad is built on the land taken; and if such bond be given, need not pay the cost of such fences and cattle guards. In an action on such bond the plaintiff may recover reasonable attorney's fees. SEC. 220. The payment may be made to the defendants entitled thereto, or the money may be deposited in court for the defendants, and be distributed to those entitled thereto. If the money be not so paid or deposited, the defendants may have execution as in civil cases; and if the money can not be made on execution, the court or judge, upon a showing to that effect, must set aside and annul the entire proceedings and restore possession of the property to the defendant, if possession has been taken by the plaintiff. SEC. 221. When payments have been made, and the bond given, if the plaintiff elects to give one, as required by the last two sections, the court or judge must make a final order of condemnation, which must describe the property condemned and the purposes of conder nation. A copy of the order must be filed in the office of the_co..missioner of the recording district wherein the land is located, a thereupon the property described therein shall vest in the plainti for the purposes therein specified. SEC. 222. At any time after the report and assessment of damages. Putting plaintiff of the commissioners has been made and filed in the court, and either in possession. before or after appeal from such assessment, or from any other order or judgment in the proceedings, the court or any judge thereof at chambers, upon application of the plaintiffs, shall have power to make an order that upon yment into court for the defendant entitled thereto of the amount of damages assessed, either by the commissioners or by the jury, as the case may be, the plaintiff be authorized, if already in possession of the property of such defendant sought to be appropriated, to continue in such possession; or, if not in possession, that the plaintiff be authorized to take possession of such property and use and possess the same during the pendency and until the final conclusion of the proceedings and litigation; and that all actions and proceedings against the plaintiff on account thereof be stayed until such time: -stay of action. -in case of ap -assessed dam Provided, however, Where an appeal is taken by such defendant, the court or judge may in its or his discretion require the plaintiff, peal. before continuing or taking such possession, in addition to paying into court the amount of damages assessed, to give a bond or undertaking, with sufficient sureties, to be approved by the judge, and to be in such sum as the court or judge may direct, conditioned to pay defendant any additional damages and costs over and above the amount assessed, which it may finally be determined that defendant is entitled to for the appropriation of the property, and all damages which defendant may sustain if for any cause such property shall not be finally taken for public uses. The amount assessed as damages by the commissioners, or by the jury on appeal, as the case may be, shall be taken and ages considered compensation, etc. considered, for the purposes of this section, until reassessed or changed in the further proceedings, as just compensation for the property appropriated; but the plaintiff, by payment into court of the amount assessed, or by giving security, as above provided, shall not be thereby prevented or precluded from appealing from such assessment, but may appeal in the same manner and with the same effect as if no money had been deposited or security given; and in all cases where the plaintiff deposits the amount of the assessment and continues in possession or takes possession of the property, as herein provided, the defendant entitled thereto, if there be no dispute as to the ownership of the property, may at any time demand and receive from the court the money so deposited, and shall not by such demand or receipt be barred or concluded from his right of appeal from such assessment, but may, notwithstanding, take and prosecute such appeal from such assessment: assessment. Provided, If the amount of such assessment is finally reduced on -proceeding in appeal by either party, such defendant who has received the amount case of reduction of of the assessment deposited shall be liable to the plaintiff for any excess of the amount so received by him over the amount finally assessed, with legal interest on such excess from the time such defendant received the money deposited, and the same may be recovered by action: And provided further, Upon any appeal from the assessment of damages by the commissioners or a jury, the jury may find as compensation or damages a less as well as an equal or greater amount than that assessed by the commissioners. SEC. 223. Costs may be allowed, or, if not so allowed, may be so apportioned between the parties on the same or adverse sides, in the discretion of the court. Payment of costs. SEC. 224. Except as otherwise provided in this chapter, the provi- Rules of practice. sions of title two of this Act are applicable to and constitute the rules of practice of the proceedings mentioned in this Act. CHAPTER TWENTY-THREE. OF FOREIGN CORPORATIONS. Foreign corporations to file charter. -contents of charter. -appointment of agent for service of process. Consent of agent, etc. Death or removal of agent. Penalty of failure to comply. 225. To file copy of charter and appoint 228. Penalty for failure to comply. 229. Annual reports to be filed. SEC. 225. All corporations or joint stock companies organized under the laws of the United States, or the laws of any State or Territory of the United States, shall, before doing business within the district, file in the office of the secretary of the district and in the office of the clerk of the district court for the division wherein they intend to carry on business, a duly authenticated copy of their charter or articles of incorporation, and also a statement, verified by the oath of the president and secretary of such corporation, and attested by a majority of its board of directors, showing (1) The name of such corporation and the location of its principal office or place of business without the district; and, if it is to have any place of business or principal office within the district, the location thereof; (2) The amount of capital stock; (3) The amount of its capital stock actually paid in in money; (4) The amount of its capital stock paid in in any other way, and in what; (5) The amount of the assets of the corporation, and of what the assets consist, with the actual cash value thereof; (6) The liabilities of such corporation, and if any of its indebtedness is secured, how secured, and upon what property. Such corporation or joint stock company shall also file, at the same time and in the same offices, a certificate, under the seal of the corporation and the signature of its president, vice-president, or other acting head, and its secretary, if there be one, certifying that the corporation has consented to be sued in the courts of the district upon all causes of action arising against it in the district, and that service of process may be made upon some person, a resident of the district, whose name and place of residence shall be designated in such certificate, and such service, when so made upon such agent, shall be valid service on the corporation or company, and such agent shall reside at the principal place of business of such corporation or company in the district. SEC. 226. The written consent of the person so designated to act as such agent shall also be filed in like manner, and such designation shall remain in force until the filing in the same offices of a written revocation thereof, or of the consent, executed in like manner. A certified copy of the designation so filed, accompanied with a certificate that it has not been revoked, is presumptive evidence of the execution thereof, and conclusive evidence of the authority of the officer executing it. SEC. 227. In case of the death, removal from the district, or disqualification of the person so designated, or of the revocation of his consent, it shall be the duty of the clerk of the district court to notify such corporation or company; and it shall be the duty of such corporation or company, within sixty days thereafter, to designate another person in the manner hereinbefore provided. SEC. 228. If any such corporation or company shall attempt or commence to do business in the district without having first filed said statements, certificates, and consents required by this chapter, it shall forfeit the sum of twenty-five dollars for every day it shall so neglect to file the same; and every contract made by such corporation, or any agent or agents thereof, during the time it shall so neglect to file such state ments, certificates, or consents, shall be voidable at the election of the other party thereto. It shall be the duty of the United States attorney for the district to sue for and recover, in the name of the United States, the penalty above provided, and the same, when so recovered, shall be paid into the Treasury of the United States. Annual reporte SEC. 229. Every such corporation or company shall annually, and within thirty days from the first day of July of each year, make a to be filed. report, which shall be in the same form and contain the same information as required in the statement mentioned in section two hundred and twenty-five, of this chapter, which report shall be filed in the office of the secretary of the district, and a duplicate thereof in the office of the clerk of the district court for the division wherein the business of the corporation is carried on. Existing corpo. SEC. 230. Any such corporation or company that has heretofore engaged in business, performed acts, or made contracts in the district, rations to comply. may, within ninety days from the time this Act goes into effect, comply with the provisions hereof, and thereupon all its acts and contracts done and made before this Act goes into effect shall be valid and enforceable. Penalty for fail SEC. 231. If any such corporation or company shall fail to comply with any of the provisions of this chapter, all its contracts with citizens ure to comply. of the district shall be void as to the corporation or company, and no court of the district, or of the United States, shall enforce the same in favor of the corporation or company so failing. Cemetery asso may be formed. SEC. 232. It shall be lawful for any number of persons, not less than five, who are residents of the precinct in which they desire to form ciation themselves into an association, to form themselves into a cemetery association, and to elect any number of their members, not less than three, to serve as trustees, and one member as clerk, who shall continue in office during the pleasure of the society. SEC. 233. The clerk to be elected, as provided in section two hundred procedure and thirty-two, shall forthwith make out a true record of the proceedings of the meetings provided for by the preceding section, certify to and file a copy of the same with the commissioner of the precinct in which such meeting shall be held, and another copy of the same in the office of the clerk of the district court, together with the name by which such association desires to be known, and from and after filing such record the trustees and their associated members and successors shall be invested with the powers, privileges, and immunities incident to aggregate corporations. Succession of SEC. 234. The trustees who may be elected under the provisions of section two hundred and thirty-two shall have perpetual succession, trustees. and shall be capable in law of contracting and of prosecuting and defending actions. Association may SEC. 235. All such associations shall have power to prescribe the terms on which members may be admitted, the number of its trustees describe terms of and officers, and the time and manner of their election or appointment membership, etc. and the time and place of meeting for the trustees and for the associa |