THOMAS SWANN, ESQUIRE, GOVERNOR.

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filed in his office, which inquisition shall be con-
firmed by said Court at its next session, if no suf-
ficient cause to the contrary be shown, and when
confirmed shall be recorded by said Clerk, but if set
aside the same Court shall direct another inquisi-
tion to take place in the manner before described,
whose decision shall be returned as before directed,
and such valuation when paid or tendered to the
owner or owners of said property, or his, her,
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 said
valuation, if not received when tendered, may at
any time thereafter be received from the said
Company by the said owner or owners, his, her or

their legal representatives; provided, that no pri-
vate property shall be taken by said Company for
the use of the said Railroad, without just compen-
sation as agreed upon by the parties or awarded by
the jurors, being first paid or tendered to the party
entitled to such compensation.

Proviso.

Sec. 14. And be it enacted, That on the comple-
tion of the said Railroad, or any section thereof, it
shall and may be lawful for the said Company to
demand and receive for tolls and transportation of
all goods, produce, merchandise or property of any
kind whatsoever, at the rate of not exceeding ten
cents per ton per mile, and for the transportation of
passengers not exceeding five cents per mile for
each passenger.

Rate of tolls.

Sec. 15. And be it enacted, That if any person
or persons shall wilfully break, injure, or destroy
the Railroad, or any part thereof, to be erected by
the said Company in pursuance of this Act, or
shall in any manner obstruct the free passage along
the said Railroad, he, she, or they shall forfeit and
pay to the said Company, three times the actual
damages so sustained, to be sued for, and recover-
ed with cost of suit before any Justice of the
Peace, or in any court having cognizance thereof
by action of debt, or in the case, in the name and
for the use of the said Company.

Forfeiture.

Sec. 16. And be it enacted, That this Company
shall have power to borrow one hundred thousand
dollars and mortgage the property of the said Com-
pany for that purpose.

Power to bor-
row money.