E. LOUIS LOWE, ESQUIRE, GOVERNOR.
81
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, or his, her
or their legal representatives.
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If set aside
court may direct
another
inquisition.
Valuation
may be received
at any
time.
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SEC. 15. 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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Proper wagon
ways to be
provided in
crossing other
roads.
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SEC. 16. 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 change for tolls upon, and the transportation
of persons, goods, produce, merchandise 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, and for passengers not exceeding ten cents
per ton for both tolls and transportation, for every mile the
same may be transported, and for passengers not exceeding
four cents per mile for each passenger, and it
shall not be lawful for any person or persons, or for any
corporate body to travel upon or use the roads of
the said company, or to transport any persons, merchandise
or property of any description upon, or
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Power to purchase
machines,
&c.
Power to
charge tolls.
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