Notice to be
given.
Inquisition to
be reduced to
writing and to
be recorded by
clerk of Circuit
court.
If set aside,
court may direct
another
inquisition.
Proviso.
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and determine the compensation which ought to be
justly made by said company to the party or parties
owning or interested in the real estate or other property
appraised by them, and in determining the amount of
such compensation, the jury shall not make an 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 or rail roads; and the
said company shall give notice to all persons whose
interests are to be effected by the condemnation of any
land, in writing, or by an advertisement in a newspaper
published in the town of Cumberland, for at least
three weeks successively, of the time and place of holding
such inquisition; the said jury shall reduce the
inquisition to writing, shall sign and seal the same,
and it shall be returned by the said sheriff to the clerk
of the circuit court of Allegany county, and by said
clerk filed in his office, and shall be confirmed by the
said circuit court at its next session, if no sufficient
cause to the contrary be shown, and when confirmed,
shall be recorded by the said clerk, at the expense of
the said company, but if set aside, the said court may
direct another inquisition to be taken in the manner
above prescribed, and such inquisition shall describe
the property taken, the bounds of the land condemned,
and the quantity or duration of interest in the same, condemned
for the company, and such valuation when paid
into court, or paid or tendered to the owner or owners
of the same, and the valuation, if not received when
tendered, may at any time thereafter, be recovered from
the said company without cost, by the said owner or
owners, his, her or their legal representatives; Provided,
that any company, now or hereafter to be incorporated,
shall have the privilege of connecting a lateral rail road
with the main rail road or rail roads hereby authorised
to be constructed, subject to reasonable regulations of
the said company, and the payment of such tolls, as
they may impose, not exceeding three cents per ton
per mile, on all goods, merchandize and other property,
and not exceeding two cents per mile for every passenger
transported thereon; and that the said company be
and they are hereby required to transport on said road
or roads, all coal or other property, of every description,
which may be brought to the established depots of said
rail road or rail roads, for transportation, under the restrictions
above stated.
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