E. LOUIS LOWE, ESQUIRE, GOVERNOR.
561
off four jurors, and the remainding twelve shall act
as a
jury of inquest of damages; and before they act as such
the said sheriff shall administer to each of 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 or occupation of the
same, required by the company; 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 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 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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Oath.
Inquisition to
be reduced to
writing and be
recorded by
clerk of Circuit
court.
If set aside,
court may direct
another
inquisition.
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SEC. 13. 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 or 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, which 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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Proper wagon
ways to be
provided in
crossing other
roads.
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SEC. 14. 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
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 proportion to their respective shares; Provided,
however, that no dividends of the earnings of said road
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Dividends.
Proviso.
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