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habitants as aforesaid, who were not upon the former
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Second disa-
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|
jury, and the same proceedings shall be had there-
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greement
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upon in all respects, as is hereinbefore provided;
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and iu case of a second or other disagreement of the
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jury, the same proceedings shall be had until an in-
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quisition shall be agreed upon, made and returned
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as aforesaid; and the said company shall have the
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|
right at any stage of the proceedings, under any
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such warrant as aforesaid, to dismiss the said pro-
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|
ceedings thereunder; and after dismissing the same,
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the said company may, at any time, apply for and
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obtain another warrant from a justice of the peace,
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under which the same course of proceedings may be
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had as aforesaid, as fully as if the former warrant
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|
had not been issued ; and —
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WHEREAS, the said company has been duly organ-
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ized under its said charter, and the work of con-
|
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|
struction of said road has been commenced, but it is
|
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|
feared, that from unavoidable delays, either in ob-
|
Preamble.
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|
taining the righ't of way for the said railroad, or from
|
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|
other causes, the said company may be prevented
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|
from completing the said road in its full extent
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|
within the time limited by the said charter, and
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|
further time is desired for the completion thereof;
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|
therefore —
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SEC. 3. Be it enacted, That if the said road shall
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|
not be finished in five years from the first day of
|
Shall be
finished
|
|
January, eighteen hundred and seventy, then the
|
|
|
said act, and this and all other amendments thereto,
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|
shall be null and void, and that the nineteenth section
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|
of the said act be and the same is hereby repealed.
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SEC. 4. And be it enacted, That whenever, in the
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|
construction of the said road or roads, the said corn-
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pany shall find it necessary or expedient to change the
site of any portion of any public road, it shall cause
|
Necessary or
expedient to
charge
|
|
the same to be constructed at its own proper cost
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|
and expense, on another location to be selected by
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and under the authority of the County Commissioners
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|
of the county, or if the said County Commissioners
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|
shall fail to make such selection within thirty days
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|
after being requested to do so by the company, then
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|
on such location as may be selected by the said com-
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pany, and in as perfect a manner as the original
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road; provided, the damages, if any incurred in
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