Witnesses
may be summoned,
and
testimony to
be reduced to
writing.
Notice to be
given to persons
interested.
Inquisition to
be reduced to
writing and be
recorded by
clerk of Circuit
court.
If set aside,
court may direct
another
inquisition.
Proviso.
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them an oath or affirmation, as the case may be, that
he will justly and impartially value the damages which
the owner or owners will sustain by the use and occupation
of the same, required by the company; and if required
by the parties whose lands are to be effected by
their proceedings, the jury shall cause to be summoned
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 they shall reduce the testimony,
if any is taken by them, to writing, and after the
testimony is closed, in such 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 to be justly made by
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 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; 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 their inquisition
to writing, and shall sign and seal the same, and it
shall be returned by the said sheriff to the clerk of the circuit
court for Allegany county, and by the said clerk filed
in his office, and shall be confirmed by the said court 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 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 said property,
or to his, her or their legal representative, and not before,
shall entitle the said company to the estate, use 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 recovered from the said company,
without costs by the said owner or owners, his,
her or their legal representatives; Provided further,
that any person or persons have the privilege of connecting
a lateral road with the main rail road of the said company,
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