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Inquisition
may be sum-
moned to assest
damages.
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Sec. 16. And be it enacted, That in case the said
company shall not be able to agree with the owner
or owners of any land over or through whose lands
the said road may be made, it shall be lawful for
said company to cause any Justice of the Peace of
the county in which the land lies to issue his war-
rant to the Sheriff of said county, directing him
to summon twelve impartial jurors, to meet on the
said land on a day therein named, to assess the
damages sustained by said owner or owners by
reason of said road passing through such land, or
for the taking of stone, gravel, earth or other ma-
terial for the making of said road, the said jurors
taking into consideration the advantages and dis-
advantages the said turnpike road may be to the
landholders through whose lands said road may be
made, which inquisition shall be returned to the
office of the Clerk of said county, and either party
shall have the right of appeal to the county court,
from the verdict or finding of said jury, within
thirty days from the date of said verdict; and in
the event of an appeal being taken by either party,
it shall in no way retard the progress or making
of said road, but they, the plaintiff and defend-
ant, shall be bound by the award of the said Cir-
cuit Court of said county.
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Tolls.
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Sec. 17. And be it enacted, That all persons
whatsoever, traveling on said turnpike road,
shall be chargeable with tolls, as provided in sec-
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Proviso.
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tion ten of this act; provided, that no funeral pro-
cession, or persons passing to or from church, or
from one part of their farm to another part thereof,
shall be chargeable with tolls.
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Banking pri-
vileges prohib-
ited.
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Sec. 18. And be it enacted, That nothing herein
contained shall be construed to authorize said com-
pany to exercise banking privileges; and the Le-
gislature reserves the right to amend, alter, or re-
peal this act at pleasure.
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