WM. T. HAMILTON, ESQUIRE, GOVERNOR.

503

benefits sustained, or to be sustained by said owner

or owners; and if required by either party or their

agents, the jury shall reduce the testimony taken by
them to writing; and after the testimony is closed,

Reduce to
writing.

and without unnecessary delay, and after a fair and

just comparison and estimate of advantages and dis-

advantages resulting to the owner or owners of said

lands or property from the said railroad, they shall

estimate and determine whether any, and if any,

what amount of damages has been or may be sus-

tained by said owner or owners respectively, and the

said jury shall reduce their inquisition to writing,

and shall sign and seal the same and deliver to said

sheriff, who shall return the same, without delay, to

the clerk of the Circuit Court of his county, and by

such clerk it shall be filed in his office, and shall be

Clerk to file.

confirmed by said court within thirty days, if no

sufficient cause to the contrary be shown, and when

confirmed shall be recorded by said clerk; but if set

aside, the said court shall direct another inquisition

to take place in the manner above described, which

shall be returned as before directed, and which

valuation, when paid or tendered the owner or own-

ers of said property or his or their legal representa-

tive, shall entitle the said company to the estate and

Entitle com-

interest in the same thus valued as fully as if it had

pany to estate.

been conveyed by the owner or owners of the same;

and the said valuation, if not received when ten-

dered, may at any time thereafter be demanded and

received from the said company by the said owner

or owners, his, her or their legal representatives.

SEC. 16. And be it enacted, That if any person

or persons shall wilfully, by any means whatever,

injure, impair or destroy, or displace any part of

Wilfully in-

any railroad constructed by said company under

jure, &c.

this act, or any of its rails or its necessary works,

buildings, cars, carriages, vehicles or engines or

machinery of said company, such person or persons

so offending, shall each of them, for every such

offence, forfeit and pay to said company the actual

Pay damage

damage sustained by it, which may be recovered

sustained.

by an action before a justice of the peace of the

county where the damage was done, if the damage

claimed does not exceed one hundred dollars, and

if over that sum, then in the Circuit Court of the

county where such damage may be sustained, and