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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 2692   View pdf image (33K)
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ODEN BOWIE, ESQUIRE, GOVERNOR. 153

129. The Sheriff shall, before the jury proceed
to act, administer to each an oath that he will
justly and impartially value the damages which
the owner or owners will sustain by the use or
occupation of his, her or their property for the
uses and purposes hereinbefore mentioned.

Oath.

130. The jury in estimating the damages sus-
tained by the owner or owners as aforesaid, shall
take into consideration the benefit resulting to said
owner or owners, by opening or laying said
streets, lanes, or alleys, through, along or near
the property of said owner or owners, but only in
extinguishment of the claim for damages; and
the said jury shall reduce their inquisition to
writing and shall sign and seal the same and it
shall then be returned by the Sheriff to the clerk
of the Circuit Court for said county, 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 at
the expense of said President and Commissioners.

Estimate dam-
ages.

131. And be it enacted, That if said inquisition
he set aside, the said Court may direct another to
be taken in the same manner as the first.

Set aside.

132. And be it enacted, That every inquisition
shall describe the property taken or the bounds of
the land condemned, and the quantity or duration
of the interest in the same valued and condemned
by said inquisition, and such valuation, when paid
or tendered to the owner of said property, or his
legal representatives, shall entitle the said Presi-
dent and Commissioners to the estate, use and in-
terest in the same, so valued and condemned for

Inquisition.

the purpose aforesaid, as fully as if the same had
been conveyed by the owner; and the valuation, if
not received from the said President and Commis-
sioners when tendered, may at any time thereafter
be received, without cost, by the said owner or his
legal representatives.

Payment.

133. And be it enacted, That the said Commis-
sioners shall have power to determine upon and
regulate all matters relating to the building of
wharves in said village, to regulate the moving of
rafts, arks and boats, and to prevent all nuisances
and obstructions from being placed in the waters of
the North East River in part of said village.

Wharves.

 

 

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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 2692   View pdf image (33K)
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