A. W. BRADFORD, ESQUIRE, GOVERNOR.

ested in the real estate appraised by them, and the
said company shall give written notice to all per-
sons whose interest are to be effected by the con-
demnation of any lands of the time and place of
holding the inquisition at lease ten days prior to
the holding of such inquisition and the said Jury,
shall reduce their inquisition to writing, and shall
sign and seal the same, and it shall then be re-
turned by the said Sheriff to the Clerk of the Cir-
cuit Court for his county, and by such Clerk filed
in this court, and shall be confirmed by said court
at its next session, if no sufficient cause to the con-
trary be shown and when confirmed, shall be re-
corded by said Clerk at the expense of said compa-
ny, but if set aside, the said court may direct
another inquisition to take place in the mode be-
fore described, and such inquisition, shall describe
the property taken or the bounds of the lands con-
demned, and the quantity or duration of the in-
terest in the same, valued for the company, and
such valuation when paid or tendered to the owner
or owners of said property or his, her or their
legal representatives, shall entitle the said com-
pany to the estate and interest in the same, thus
valued as fully as if it had been conveyed by the
the owner or owners of the same, and the said val-
uation if not received when tendered, may at any
time thereafter be received from the company,
without cost by the said owner or owners, his, her,

457

or their legal representatives; provided, that no
private property shall be taken by said compamy
for the use of said road, without just compensation
as agreed upon between the parties, or awarded
by the jury, being first paid or tendered to the
party entitled to such compensation; and provided,
that no timber of any kind shall be cut on any
land other than the bed of the rail road by the
company, or taken by them or any of their agents
or employees, for the use of said rail road, with-
out the consent of the owners; and provided fur-
ther, that all the costs and expenses that accrue in
consequence of the condemnation of any lands or
material for the use of the said rail road, shall be
paid by the said rail road company.

Sec. 12. And be it enacted, That whenever in the
construction, of said road or roads it shall be neces-
sary to cross or intersect any established road or

58

Provisos.