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Session Laws, 1880
Volume 395, Page 713   View pdf image (33K)
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WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 713

materials condemned ; and the inquisition shall, in


all cases, describe the property taken, or the hounds


of the land condemned, and the quality or duration


of the interest in the same valued for the company ;


and such valuation, 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 or interests in same thus valued as if


it had been legally conveyed by the owner or owners


of the same; and the valuation, if not received when


tendered, may, at any time thereafter, be recorded


without costs from said company, by the owner or


owners, his, her or their legal representatives ; and


the said 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 without

May dis-

any further warrant from a justice of the peace

charge jury.

shall, within five days thereafter, summon another


jury of twenty inhabitants, as aforesaid, 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 returned as aforesaid ;


and whenafter the said canal shall cross or pass any


road or roads of what kind so ever, the said com-


pany shall build or erect, and maintain in good order,

Erect draw-

proper swing or drawbridges, or other bridges, such

bridges.

as are commonly used where a railroad crosses a


navagable stream, over and upon said canal, so that


passage over the same may not be impeded or inter-


rupted.


SEC. 8. And be it enacted, That nothing con-


tained in this act shall authorize said company to

How constru-

take private property for their use without just com-

ed.

pensation, as agreed upon between the parties, or


ordered by a jury, being first paid or tendered to the


party or parties entitled to such compensation.


SEC. 9. And be it further enacted, That the said


canal, so constructed under this act, shall be of the

Dimensions.

dimensions as follows : at least twenty-six feet deep




 

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Session Laws, 1880
Volume 395, Page 713   View pdf image (33K)
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