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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 2601   View pdf image (33K)
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THOMAS SWANN, ESQUIRE, GOVERNOR. 263

ages ; and before they act as such the Sheriff shall
administer to each of them an oath or affirmation,
as the case may be, that he will justly and impar-

 

tially value the damages and benefits which the
owner or owners of said lands will sustain by the
use or occupation of the same required by the
Company ; if required by the party or parties whose
lands are to be affected by their proceedings or by
the said railroad Company or their agent or agents,
the jury shall cause to be summoned such witnes-
ses as the parties may require, and shall examine
them on oath or affirmation in relation to the value
of the property to be condemned, and they shall
reduce the testimony, if any is taken by them, to
writing, and after the testimony is closed and with-
out unnecessary delay, and after having made a
fair and just comparison of the advantages and
disadvantages arising from the said railroad, 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 report thereof accordingly, and the said

Administer
oath.

jury shall reduce their inquisition to writing, shall
sign and seal the same, and it shall then be re-
turned by the said Sheriff to the Clerk of the Cir-
cuit Court of his county, and by such Clerk 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 said
Court may direct another inquisition 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
representatives 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 the said valuation if not
received when tendered may at any time thereafter
be received from the said Company by the said
owner or owners, his, her or their legal represen-
tatives.

Inquisition.

Sec. 16. And be it enacted, That whenever in
the construction of said road or roads it shall be
necessary to cross or intersect any established road
or way, either public or private, it shall be the duty

Cross other
road.



 

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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 2601   View pdf image (33K)
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