1. That the relator has the right by its charter, to locate the road over the premises in question — the city of Chicago having assented.

2. The right was not forfeited by the failure to locate this portion of the road, prior to the first of January, 1852.

3. It is the duty of the defendant to appoint appraisers, according to the prayer of the petition.

A peremptory mandamus is awarded.

Peremptory mandamus awarded.