E. LOUIS LOWE, ESQUIRE, GOVERNOR.
177
such witnesses as the parties may require, and
shall examine them on oath, in relation to the value of
the property to be condemned and the damages to that
adjoining; and they shall reduce the testimony to
writing, if any is taken by them, and after the testimony
is closed in each case, and without any unnecessary
delay, and before proceeding to the examination of any
other claim, they shall ascertain and determine the
compensation which ought justly to be made by the
said company to the party or parties owning or interested
in the real estate appraised by them, and in determining
the amount of such compensation, the jury
shall not make any allowance or deduction on account
of any real or supposed benefits which the parties in
interest may derive from the construction of said rail
road; and said company shall give written notice to all
person whose interests are to be effected by the construction
of any lands, of the time and place of holding
the inquisition, at least ten days prior to the holding
of such inquisition, and the said valuation, if not received
when tendered, may at any time thereafter be
received from the said company without costs, by the
said owner or owners, or his, her or their legal representatives;
Provided, that no timber of any kind shall
be cut on any land other than the land of the rail road
company, or taken by them, or any of their agents or
employees, for the use of said rail road without the
consent of the owner or owners, and all costs and expenses
that may accrue in consequence of the condemnation
of any lands or materials for the use of said rail
road, shall be paid by said rail road company.
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Written notice
ti be
given to persons
interested.
Proviso.
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SEC. 12. And be it enacted,
That whenever in the
construction of said road, it shall be necessary to cross
or intersect any established road or way, it shall be the
duty of the president and directors of said company, so
to construct the said rail road across such established road
or way, as not to impede the passage or transportation of
persons or property along the same; and when it shall
be necessary to pass through the land of any individual,
it shall also be their duty to provide for such individual
proper wagon ways across said road, and where there
are or may be required ditches through said lands, said
owners shall have a right to retain or construct such
ditches; Provided, that no new ditch shall be so constructed
as to injure said road.
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Wagon ways
to be provided.
Proviso.
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SEC. 13. And be it enacted,
That the said board of
directors, or a majority of them, may purchase with the
funds of said company, and place on said rail road, all
machines, wagons, engines, vehicles or carriages whatsoever,
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Power to purchase
machines,
&c.
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