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CHAP. 338
Estimate
damages.
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company; but if the same be set aside, the said court shall
direct another inquisition to be taken in a manner described
above; and in case the second or any other inquisition
which is confirmed by the court shall not award to the land
owner a larger amount of damages than was awarded by the
first inquisition, the court may, in its discretion, order the
costs of the said second or other inquisition to be paid by
the said owner or owners of said land or materials con-
demned, or the inquisitions shall in all cases describe the
property taken or the bounds of the laud condemned, and
the character or duration of the interest in the same, value
for the company, and such valuation when paid or tendered
to the owner or owners of the property, his, her or then
legal representatives, shall entitle the said company to the
estate or 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 recovered without costs from said company by
the owner or owners, his, her or their legal representatives,
and the said 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 happen that
the jury cannot agree after being together as aforesaid, a
sheriff may, in his discretion, discharge the said jury, and
without any further warrant from a justice of the peace
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Sheriff may
summon
another jury
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shall, within- five days thereafter, summon another jury of
twenty male inhabitants as aforesaid, not upon the former
jury, and the same proceedings shall be had in all respects
as hereinbefore provided; and in case of a second or other
disagreement of the jury, the same proceedings shall be had
until a verdict or inquisition shall be made and returned as
aforesaid; but nothing contained in this Act shall authorize
said company to take private property for their use without
just compensation, as agreed upon between the parties.
SEC. 13. And be it enacted, That if any person or persons
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Damages
awarded.
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shall injure the said inlet or canal, or any other works con-
nected therewith, or the oyster farms and oysters belonging
to said company, they shall forfeit and pay damages sus-
tained therein, to be recovered with cost of suit in the name
of said corporation, before the Circuit Court of Worcester
county, or any justice of the peace, as the case may be.
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