DANIEL MARTIN, ESQUIRE, GOVERNOR.

1828

mages which the owner or owners will sustain by the use and
occupation of the same, required by the company; and the
jury, in estimating such damages, shall take into the esti-

conducting such rail road through, along, or near to the pro-
perty of said owner or owners, but only in extinguishment
of the claim for damages; and the said jury shall reduce
their inquisition to writing, and shall sign and seal the same,
and it shall then be returned by said sheriff to the clerk or
prothonotary of his county, as the case may be, and by such
clerk or prothonotary filed in his court, and shall be con-
firmed by said court at its next session, if no sufficient cause
to the contrary be shown, and when confirmed, shall be re-
corded by the said clerk or prothonotary, at the expense of
said company, but if set aside, the said court may direct
another inquisition to be taken in the manner above pre-
scribed, and such inquisition shall describe the propcity tak-
en, or the bounds of the land condemned, and the quantity
of duration of the interest in the same, valued for the com-
er or owners of said property, or its, his, her or their legal
representatives, shall entitle the said company to the estate
and interest in the same thus valued, as fully as if it had
been conveyed by the owner or owners of the same; and

time thereafter be received from the company, without cost,
by the said owner or owners, his, her or their legal repre-
sentative or representatives.

CHAP. 193.

Sec. 16. And be it enacted, That whenever, in the con-
struction of said road, it shall be necessary to cross or in-
tersect any established road or way, it shall be the duty of
the said president and directors of the said company, so to
construct the said road across such established road or way,
as not to impede the passage or transportation of persons or
property along the same; or when it shall be necessary to
pass through the land of any individual, it shall also he
their duty to provide at the expense of the company, for
such individual, proper wagon ways, across said road or
roads, from one part of his land to the other.

Crossing or inter-
secting of any

road &c

Sec. 17. And be it enacted, That whenever it shall be ne-
cessary for said company to have, use or occupy, any lands,
materials, or other property, in order to the construction or
repair of any part of the said road, its works or necessary
buildings, the president and directors of said company, or
their agents, or those contracting with them for making or
repairing the same, may immediately take and use the same,
they having first caused the property wanted to be viewed
by a jury, (formed in the same manner hereinbefore pre-
srribed, in those cases where the property is to bo changed
31

When necessary

to occupy land, &c
possession thereof

may be taken, &c