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Session Laws, 1908 Session
Volume 483, Page 1363   View pdf image (33K)
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PRIVATE ACTS. 13G3

days after the issuing of the same; and if at said time and
place any person summoned do not attend, the said sheriff
shall immediately summon as many jurors as may be necessary
in attendance to make twenty jurors, and from them each party
or its, his, her or their agent, or if either party be not present
in person, or by agent, the sheriff for him, her, its or them
may strike off four jurors, and from those remaining on the
list the sheriff shall select twelve to act as the jury of inquest
of damages. The sheriff shall, before they proceed to act as
such, administer to each of said jurors an oath or an affirma-
tion, as the case may be, that he will justly and impartially
value the damages which the owner will sustain by reason
of the occupation or taking of said property or material re-
quired by the said company, and the 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 the said county, and if no sufficient cause to
the contrary be shown within thirty days from the filing of
said inquisition the same shall be ratified and confirmed by
the said court, and when ratified and confirmed shall be re-
corded by the said clerk at the expense of the said company, but
if set aside the court shall direct another inquisition to be taken
in the manner and form hereinbefore prescribed, and like pro-
ceedings shall be had until an inquisition in reference to said
condemnation shall be confirmed, and every such inquisition
shall describe the property taken or the bounds of the land
condemned and the quantity or duration of interest in the
same valued for the company; and such valuation, when paid
or tendered to the owner of said property or his legal repre-
sentatives after the confirmation thereof, or when the same
is paid into court under such regulations as the court by which
said inquisition shall have been confirmed shall prescribe,
shall entitle the said company to the estate and interest in the
same thus valued as fully as. if it had been conveyed to the
said company by the owner of the same.

SEC. 8. And be it further enacted, That if any person or
persons shall injure any of the canals, dams, springs, reser-
voirs, tunnels, mounds, plugs, pipes, engines, machinery, build-
ings, or any of the works of the company, or shall pollute or
render impure any of the said waters by placing foul sub-
stances or nuisances therein, they shall forfeit and pay the
damages therein, to be recovered with the costs of suit in the
name of said company before any court of justice or justice
of the peace having cognizance thereof.

SEC. 8A. And be it further enacted, That nothing hereinbe-
fore contained shall be construed, by implication or otherwise.

 

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Session Laws, 1908 Session
Volume 483, Page 1363   View pdf image (33K)
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