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Session Laws, 1896 Session
Volume 475, Page 465   View pdf image (33K)
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LLOYD LOWNDES, ESQUIRE, GOVERNOR.

warrant from a justice of the peace being requisite, and the
same proceedings shall be had thereon as in reference to the

465

first inquisition, and so the court may from time to time order
such further or other inquisition or inquisitions to be had in
the premises as may be requisite until one shall be confirmed
as aforesaid, and in case the second or any other inquisition
which may be confirmed by the court, shall not award to the
owner or owners of the land or other property taken a larger
amount of damages than was awarded by the preceding inquisi-
tion, the court may, in its discretion, order the costs of the said sec-
ond or other inquisition to be paid by such owner or owners; and
the inquisition shall, in all cases, describe the property taken,
or the bounds of the land condemned, and the quantity or du-
rations of the interest in the same valued for the company, and
such valuation when paid or tendered to, or paid into the said
court for the owner or owners of the property, his, her, its or
their legal representatives or agent, or attorney, shall entitle
the said company to the estate and interest thus valued as fully
to all intents and purposes as if the same bad been duly and
legally conveyed to the said company by the said owner or
owners, and the said valuation if not received when tendered,
may, at any time thereafter, be received without costs from the
said company, by the said owner or owners, his, her, its or
their legal representatives or agent or attorney; and the sheriff
shall keep the said jury together for a reasonable time, until
they shall agree upon and sign and seal the said inquisition,
and in case it shall so happen that the jury cannot agree after
being kept together as aforesaid, the said sheriff may, in his
discretion, discharge the said jury, and without further order
of the court or warrant from a justice of the peace, shall,
within five days thereafter, summon another jury of twenty
inhabitants as aforesaid, who were not upon the former jury,
and the same proceedings shall be had thereupon in all respects
as is hereinbefore provided, and in case of a second or other
disagreement of the jury, the same proceedings shall be had
until an inquisition shall be agreed upon, made and returned
as aforesaid, and the said company shall have the right at any
stage of the proceedings under any such warrant as aforesaid,
and before the agreement of any such jury, to dismiss the said
proceedings thereunder, and after dismissing the same, the said
company may, at any time, apply for and obtain another war-
rant from a justice of the peace, under which the same course
of proceedings may be had as aforesaid as fully as if the for-
mer warrant had not been issued.
30

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Session Laws, 1896 Session
Volume 475, Page 465   View pdf image (33K)
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