returned by the said Justice of the Peace to the Cir-
cuit Court for Carroll county aforesaid, and unless
good and sufficient cause shall be shown against the
said inquisition within ten days after the filing
thereof in the Clerk's office of said court, the Judges
of said court, or any one of them, during the regu-
lar term of said court, or in the recess thereof, shall
affirm said return; hut if said inquisition should be set
aside by said court, or any one of the Judges thereof,
the said court, or any one of the Judges thereof,
may, as often as may be necessary, direct another in-
quisition to be taken as hereinbefore described; pro-
vided that it shall not be lawful without the consent
of the owner or owners of such lands, to condemn
any land for said road which shall pass through any
'buildings of such owner or owners.
SEC. 7. And he it enacted. That on the payment or
tender of payment to the owner or owners of land so
condemned, of the amount of damages which may
have been assessed by said inquisition, after the same
shall have been confirmed by said court, the said
company shall be at liberty to take possession of said
land, and construct said road thereon, and do such
other acts therein, as may be lawfully done, and the
said company is also empowered to erect, and make,
and keep in repair, all such bridges or culverts as may
be thought necessary, so as not to obstruct, however,
the free current of steams or water courses.
SEC. 8. And be it enacted. That the said company
having perfected at least one mile of said road, shall
have the power to erect on and across said road one
toll-gate, and collect and receive from all persons
.using said road, the tolls provided for in section five
or tills Act, with power to reduce the rates of toll
whenever they see fit, provided, no toll shall be
charged any person for passing over said road, from
one part of their farm to another part, in the ordinary
prosecution of their farm work, nor persons passing
through said gate with a funeral procession.
SEC. 9. And be it enacted, That the said company
having perfected the said road, it shall and may he
lawful for them to appoint such and so many toll
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Proviso
Payment or
tender of pay-ment.
Perfected one
mile
Proviso.
Perfected
said road.
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