E. LOUIS LOWE, ESQUIRE, GOVERNOR.
251
shall take into the estimate the benefit resulting
to the
said owner or owners from conducting such rail road
through, along or near to the property of said owner or
owners, but only in extinguishment of the claim for
damages; and the said jury shall reduce their inquisition
to writing, and shall sign and seal the same, and it
shall then be returned by said sheriff to the clerk of
his county, as the case may be, and by such clerk filed
in his court, and shall be confirmed by said contract at its
next session, if no sufficient cause to the contrary be
shewn; and when confirmed, shall be recorded by
said clerk, at the expense of 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, or the
bounds of the land 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 said property, or his, her or
their legal representatives, shall entitle the said company
to the estate and interest in the same thus valued,
as fully as if it had been conveyed by the owner or
owners of the same, and the valuation, if not received
when tendered, may, at any time thereafter, be received
from the company, without costs by the said owner or
owners, or his, her or their legal representative or representatives.
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Jury to reduce
inquisition
to writing
and to be
recorded by
clerk of Circuit
court.
If set aside,
court may direct
another
inquisition.
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SEC. 12. 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, it shall
be the duty of the president and directors of said company,
so to construct the said road across such established
road pr way as not to impede the passage or
transportation of persons or property along the same,
or where 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
or roads, from one part of his land to the other.
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Wagon ways
to be provided.
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SEC. 13. And be it enacted,
That the president and
directors shall annually or semi-annually, declare, and
make such dividends as they may deem proper, of the
net profits arising from the resources of the company,
after deducting the necessary current and probable contingent
expenses; and that they shall divide the same
amongst the proprietors of the stock of said company,
in proper proportion to their respective shares; Provided,
however, that no dividend of the earnings of said
road shall be paid to the stockholders until after the
entire line of said rail road shall have been completed
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Dividends.
Proviso.
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32
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