|
Oath to be
taken. |
rors, before he proceeds to act, the sheriff shall
administer an oath or affirmation that he will well,
truly, faithfully and impartially assess the dam-
ages and benefits which the owner of said land
will sustain by reason of the construction of said
railroad, and the use or occupation of said land by
said company taking into account as well the ad-
vantages to the owner as the disadvantages, and
including the fencing if any be required, and as-
certaining by their finding and verdict whether
the owner or the company shall be at the expense
of the erection and continuance of the same; and
the jury shall cause such witnesses to be sum-
moned as either party may require and may ex-
amine them on oath or affirmation, to be adminis-
tered by the sheriff, and of a fair and just determi-
nation of the advantages and disadvantages they
shall determine and in writing report what dam-
ages, if any, shall be paid to the owner or owners
of said land, allotting, according to each of their
several estates or interests, to the owner or owners
his, her or their respective share or shares of said
damages, if any; and the said jury shall reduce
their inquisition to writing and sign and seal the
same, and return it to the Clerk of the Circuit
Court of Cecil County, and if no sufficient cause
be shown, the same shall be confirmed by the
Court at its next subsequent session, and when
confirmed shall be recorded, and when so con-
firmed and recorded, shall be a full transfer of
the estate or estates of the said owner or owner
to the said company, when the said valuation of
damages shall be paid or tendered to be paid to
the owner or owners of said estate or estates, |
|
Proviso. |
lands, tenements and hereditaments; provided,
that no land or private property shall be taken by
said company for its use without just compensa-
tion as agreed upon by the parties or awarded by
the jury be first paid or tendered to the party en-
titled to such compensation; and in case where
the Court shall set aside the inquisition, it may
upon application direct a new inquisition to take
place in the same manner as hereinbefore pro-
vided for. |
