Testimony to
be reduced to
writing.
Inquisition to
be reduced to
writing and
returned to
clerk of Circuit
court.
If set aside,
court may direct
another
inquisition.
Proviso.
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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 in 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 out 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
benefit 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 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 shown 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, 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 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 further, that any person
or persons have the privilege of connecting a lateral
road with the main rail road of the said company,
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,
merchandise and other property, and not exceeding two
cents per mile for every passenger transported thereon,
and that the said company be, and they are hereby required
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