WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 713
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materials condemned ; and the inquisition shall, in
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all cases, describe the property taken, or the hounds
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of the land condemned, and the quality or duration
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of the interest in the same valued for the company ;
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and such valuation, when paid or tendered to the
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owner or owners of the property, his, her or their
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legal representatives, shall entitle the said company
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to the estate or interests in same thus valued as if
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it had been legally conveyed by the owner or owners
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of the same; and the valuation, if not received when
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tendered, may, at any time thereafter, be recorded
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without costs from said company, by the owner or
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owners, his, her or their legal representatives ; and
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the said sheriff shall keep the said jury together for
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a reasonable time, until they shall agree upon and
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sign and seal the said inquisition ; and in case it
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shall so happen that the jury cannot agree after
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being kept together as aforesaid, the sheriff may, in
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his discretion, discharge the said jury, and without
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May dis-
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any further warrant from a justice of the peace
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charge jury.
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shall, within five days thereafter, summon another
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jury of twenty inhabitants, as aforesaid, not upon
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the former jury, and the same proceedings shall be
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had in all respects as is hereinbefore provided ; and in
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case of a second or other disagreement of the jury,
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the same proceedings shall be had until a verdict or
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inquisition shall be made and returned as aforesaid ;
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and whenafter the said canal shall cross or pass any
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road or roads of what kind so ever, the said com-
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pany shall build or erect, and maintain in good order,
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Erect draw-
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proper swing or drawbridges, or other bridges, such
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bridges.
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as are commonly used where a railroad crosses a
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navagable stream, over and upon said canal, so that
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passage over the same may not be impeded or inter-
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rupted.
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SEC. 8. And be it enacted, That nothing con-
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tained in this act shall authorize said company to
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How constru-
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take private property for their use without just com-
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ed.
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pensation, as agreed upon between the parties, or
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ordered by a jury, being first paid or tendered to the
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party or parties entitled to such compensation.
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SEC. 9. And be it further enacted, That the said
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canal, so constructed under this act, shall be of the
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Dimensions.
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dimensions as follows : at least twenty-six feet deep
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