THOMAS SWANN, ESQUIRE, GOVERNOR. 75
said twelve Jurors, either by oath or affirmation;
as the case may be, justly, truly, and impartially,
to estimate the value of the damages which may
be sustained by the owner or owners of the said
land, springs or water required, or of the interest
of the said Town, as may be claimed by the said
Commissioners, who represent the interest of said
Town, and the said Jury in estimating the dama-
ges aforesaid supposed to be sustained by the
owners or Commissioners as aforesaid, shall take
into the estimate the benefit resulting to said
owners, or to the said Town, but only in lessening
or extinguishing the claim for damages, and the |
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said Jury shall reduce their verdict to writing,
and sign and seal the same, and it shall then be
returned by the Sheriff to the Clerk of the Circuit
Court for Kent county, and if no good or sufficient
reason shall be shown against said verdict, it shall
be affirmed by said Court at the next term suc-
ceeding the return of said verdict, but if the said
verdict shall be set aside, the said Court shall
direct another inquisition, to be held in the man-
ner before described, and when the verdict is con-
firmed and valuation paid or tendered to the
owner or owners, or their agents or representa-
tives, or to the said Commissioners of Chestertown,
or paid into the Circuit Court for Kent county,
the said company shall be entitled to the estate and
interest in the same, as if conveyed to it by the
owner or owners. |
Jury to re-
duce their ver-
dict to writing. |
Sec. 8. And be it enacted. That if any person
or persons shall injure any of the canals, springs,
reservoirs, tunnels, mounds, dams, plugs, pipes,
engines, machinery, buildings, or any of the
works of the corporation, or shall pollute or render
impure any of the said waters, by placing foul
substances or nuisances therein, they shall forfeit
and pay the damages sustained therein, to be re-
covered with costs of suit, in the name of the said
corporation, before any Court of Justice, or Jus-
tice of the Peace having cognizance thereof.
Sec. 9. And be it enacted, That the water usually
known as the Free School Spring, in the precincts
of said Town, shall not be diverted from its present
use, except by the consent of a majority of the
whole Board of Commissioners of Chestertown, |
Damages to
be recoverable. |
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