E. LOUIS LOWE, ESQUIRE, GOVERNOR.
241
required by the company; and the said jury shall reduce
their inquisition to writing, and sign and seal the
same, and it shall be returned by the sheriff to the
clerk of the circuit court for his county, and be filed by
said clerk in his office, and shall be confirmed by the
said court at its next term or session, if no sufficient cause
to the contrary be shown, and when confirmed shall be
recorded by said clerk at the expense of the company;
but if the same be set aside the said court shall direct
another inquisition to be taken, in the manner above
described, and the inquisition shall, in all cases, describe
the property taken or the bounds of the lands condemned,
and the quantity 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 and interest in
the 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 received without costs, from the said company,
by the owner or owners, of his, her or their legal
representatives.
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Jury to reduce
inquisition
ti writing
and to be
filed by clerk
of Circuit
court.
If set aside
court may direct
another
inquisition.
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SEC. 14. And be it enacted,
That whenever in the
construction of said road or roads, it shall be necessary
to cross or intersect any established road or way, the
said president and directors shall so construct the said
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 lands of any individual, it shall also be their
duty to provide for such individual proper wagon ways
across said road or roads, from one part of his land to
the other.
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To provide
wagon ways.
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SEC. 15. And be it enacted,
That the said president
and directors shall have power to purchase with the
funds of the company and place and use on any rail
road constructed by them under this act, all machines,
vehicles, or carriages of any description whatever,
which they may deem proper for the purposes of
transportation on the said road; and they shall have
power to charge for tolls upon and the transportation of
persons, goods, produce, merchandize or property of
any description transported by them on said rail road or
rail roads, any sum not exceeding the following rates,
that is to say: on all goods or merchandise, or property
transported on said road or roads, not exceeding eight
cents per ton for both tolls and transportation, for every
mile the same may be transported, and for passengers
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Power to purchase
machines,
&c.
Tolls.
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