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A. W. BRADFORD, ESQUIRE, GOVERNOR
or entry and occupation, and the parties cannot
agree upon the compensation to be made for any
injury or supposed injury that may be done to
said land by each entry and occupation, or by such
overflow, the said Commissioners, or a majority of
them, on being notified by said company, shall go
upon said lands and after viewing the same and
due consideration of all the advantages and dis-
advantages of the opening of the navigation of
said river to the owner or owners of said lands,
shall assess damages to the said owner or owners,
from either or all of said causes, and shall certify
their finding and award in writing to the Clerk of
the Circuit Court of said county, in which certifi-
cate they shall describe the lands condemned by
metes and bounds, owners and distances, and the
land overflowed by their estimate of the number
of acres so overflowed, and the height of the dam
next below said owner or owners lands, and the
same shall be recorded among the land records of
his office, and a copy thereof under seal, shall be
legal evidence in any of the courts of this State,
and the said company upon the payment of the
damages so assessed shall be entitled to have,
hold, use and enjoy the said lands so condemned
forever for the purposes by them required, and to
erect a dam of the height in the said award speci-
fied; and overflow the land of the said owner or
owners to the extent the said dam will overflow
the same and no further, and in case any owner
or owers of the lands so condemned or overflowed
shall be a minor or non-resident, or from any
cause shall be incapable or unwilling to receive
or shall refuse to receive the said damages so as-
sessed, the said company may pay the same to the
Clerk of the said court, subject to the order of
said owner or owners, and the said Clerk shall
endorse a receipt for said damages on said certifi-
cate of assessment to be recorded therewith, and
thereupon the said company shall be entitled to
have, use and enjoy the said lands forever in the
manner and for the purpose aforesaid, and all
expenses of making, filing and recording said
assessments and receipts shall be paid by the said
company.
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