Witnesses to
be summoned.

moned such witnesses as the parties may require
and shall examine them on oath or affirmation in
relation to the value of the property to be con-
demned, and they shall reduce the testimony to
writing, and after the testimony is closed and
without unnecessary delay, and after having made
a fair and just comparison of the advantages and
disadvantages arising from the said Rail Road,
they shall estimate and determine whether any
and if any, what amount of damages has been or
may be sustained by the said owner or owners
respectively, and make a report accordingly, and
the said jury shall reduce their inquisition to writ-
ing, shall sign and seal the same, and it shall then
be returned by the said Sheriff to the Clerk of the
Circuit Court of his county, and by such Clerk be
filed in his Court, and shall be confirmed by said
Court at its next session if no sufficient cause to
the contrary be shown, and when confirmed shall
be recorded by said Clerk, but if set aside, the
Court may direct another inquiry to take place, in
the manner before described, whose decision shall
be returned as before directed, and such valuation,
when paid or tendered to the owner or owners of
said property, or his, her or their legal represen-
tatives, shall entitle the said Company to the
estate and interest in the same thus valued as fully
as if it had been conveyed by the owner or owners
of the same, and said valuation if not received
when tendered, may at anytime be recovered from
said Company by owner, or owners, his, her, or
their legal representatives.

Not allowed
to impede trav-
el.

Sec. 16. And be it enacted, That whenever in
the construction of said road it shall be necessary
to cross or intersect any estate or way, either pub-
lic or private, it shall be the duty of said Presi-
dent and Directors of said company so to construct
said road as not to impede the passage along the
same, or when it shall be necessary to pass through
the land of any individual, it shall also be their
duty to provide for such individual proper wagon
ways across said road or roads from one part of
his land to another, and whenever any road or
roads may hereafter be authorized to be made by
the General Assembly, when it may bo necessary
to cross said railroad, the company shall make or