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Sec. 7. And be it enacted, That upon application
of the said company, the Judge of the twelfth
judicial circuit of this State shall appoint three
discreet and sensible men, citizens and residents of
the county in which the said railroad may be lo-
cated, or be proposed to be located, to be Commis-
sioners to assess damages of landowners, and upon
the death, resignation, removal from the county,
or neglect or refusal to act of any Commissioner
appointed under this Act upon like application,
the said Court shall as often as any vacancy may
occur fill the same; and the said application and
appointment shall be returned and recorded by the
Clerk of the Circuit Court for Worcester county,
and the said Commissioners before they act shall
take an oath before the said Judge or Justice of
the Peace of the county, and the same shall be
certified by said judge or justice, and recorded as
aforesaid, to view and examine the lands of owners
on whose lands said railroad may have been or
may be located, to consider all the benefits and
advantages which said owners may derive from or
in consequence of the said road and all the disad-
vantages and injuries be, she, or they may sus-
tain thereby, and impartially assess the damages
of such owner or owners, and in all things faith-
fully to execute the duties hereby imposed upon
them and the said Commissioners shall be entitled
to four dollars per day for every day they may be
occupied in the discharge of the duties hereby im-
posed, to be paid by the said company. |
Assessors of
damages. |
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Sec. 8. And be it further enacted, That whenever
it shall be necessary for the said company to enter
upon and occupy for the purpose of making the
said railroad any lands on which the same may be
located, if the owner or owners of the said land
shall refuse to permit such entry and occupation,
and the parties cannot agree upon the compensa-
tion to be made for any injury or supposed injury
that may be done to the said land ,by such entry
and occupation, the said Commissioners, or a ma-
jority of them, on being notified by the said Com-
pany, shall go upon said lands, and after viewing |
Damages--
how assessed.
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