in such case, and without 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 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 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 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 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, and 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 representatives, and not before, shall entitle
the said company to the estate, use, and interest 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 cost, by the
said owner or owners, his, her or their legal representatives;
Provided, that any company now or hereafter
to be created, 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 the 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
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
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Notice to persons
interested.
Jury to reduce
inquisition
to writing
and to be
filed by clerk
of Circuit
court.
If set aside,
court may direct
another
inquisition.
Proviso.
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