646 CORPORATIONS. [ART. 23

dian ad litem to represent such infant or non-sane owner, and
protect the interests of such owner.

1890, ch. 220, sec 167 A.

253. Whenever upon an unfinished railroad a right of way
or location on any part thereof' remains for ten or more years
unused for railroad purposes, the same shall be held to be
abandoned and shall be held liable to be used and appropriated
by any other railroad company upon purchase or condemnation
in the manner provided in this article.

1888, art. 23, sec. 168. 1876, ch. 242, sec. 12.

254. Whenever any railroad company, heretofore incorpo-
rated, or which may hereafter be incorporated, shall find it
necessary for the purpose of avoiding annoyance to public
travel, or dangerous, or difficult curves or grades, or unsafe,
or unsubstantial grounds or foundations, or for other reasonable
causes, to change the location or grade of any portion of its
road, whether heretofore made, or hereafter to be made, such
railroad company shall be, and is hereby authorized to make
such changes of grade and location, not departing from the
general route prescribed in the certificate of such company j
and for the purpose of making any such change in the loca-
tion and grades of any such road as aforesaid, such company
shall have all the rights, powers and privileges to enter upon,
and take, and appropriate such lands, and make surveys neces-
sary to effect such changes and grades, upon the same terms,
and be subject to the same obligations, rules and regulations
as are prescribed by law, and shall also be liable in damages,
when any have been caused by such change, to the owner or
owners of the lands upon which said road was heretofore con-
structed, to be ascertained and paid, or deposited as aforesaid ;
but no damages shall be allowed unless claimed within thirty
days after actual notice of such intended change shall be given
to such owner or owners, if residing on the premises, or sixty
days' notice by publication in some newspaper in general circu-
lation in the county, if non-resident; provided, that when any
condemnation shall have been made and confirmed, under this
section, or under sections 251 and 252, the said condemnation
shall be finally binding upon the company, unless within thirty
days they elect to abandon said location.