356

RAILROAD COMPANIES. [ART. 41.

shall not award to the landowner a larger amount of damages than
was awarded by the first inquisition, the court may, in its discre-
tion, order the costs of the said second or other inquisition, to be
paid by the owner or owners of said land or materials condemned;
and the inquisition shall in all cases describe the property taken, or
the bounds of the lands condemned, and the quality or duration of
the interest in the same, valued for the company, and such valua-
tion, when paid or tendered to the owner or owners of the property,
his, her, or their legal representatives, shall entitle the said company
to the estate and interest in the same thus valued, as if it had been
legally conveyed by the owner or owners of the same, and the valua-
tion, if not received when tendered, may at any time thereafter be
received without costs from said company by the owner or owners,
his, her, or their legal representatives; and the sheriff shall keep the
said jury together for a reasonable time until they shall agree upon,
and sign and seal the said inquisition; and in case it shall so happen
that the jury cannot agree, after being kept together as aforesaid,
the sheriff may in his discretion, discharge the said jury, and with-
out any further warrant from a justice of the peace, shall within five
days thereafter summon another jury of twenty inhabitants as afore-
said, not upon the former jury, and the same proceedings shall be
had in all respects as is hereinbefore provided; and in case of a
second or other disagreement of the jury, the same proceedings
shall be had until a verdict or inquisition shall be made and re-
turned as aforesaid.

Id s 12
Change of loca-
tion or grade of
road

11. Whenever any railroad company, heretofore incorporated, or
which may hereafter be incorporated, shall find it necessary for the
purpose of avoiding annoyance to public travel, or dangerous or
difficult curves or grades, or unsafe or unsubstantial grounds or
foundations, or for other reasonable causes, to change the location or
grade of any portion of their road, whether heretofore made, or here-
after to be made, such railroad companies shall be, and are hereby
authorized to make such changes of grade and location, not depart-
ing from the general route prescribed in the certificate of such com-
pany; and for the purpose of making any such change in the loca-
tion and grades of any such road as aforesaid, such company shall
have all the rights, powers, and privileges to enter upon and take

Condemnation
proceedings

and appropriate such lands, and make surveys necessary to effect
such changes and grades, upon the same terms, and be subject to
the same obligations, rules, and regulations, as are prescribed by
law. and shall also be liable in damages, when any have been caused
by such change to the owner or owners of the lands upon which such
road was heretofore constructed, to be ascertained and paid, or de-
posited as aforesaid; but no damages shall be allowed, unless claimed
within thirty days after actual notice of such intended change shall
be given to such owner or owners, if residing on the premises, or
sixty days' notice by publication in some newspaper in general circu-

Proviso

lation in the county, if non-resident; provided, that when any condem-