T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

be located, to be commissioners to assess damages
of landowners, and upon the death, resignation,
removal from the county or neglect or refusal to
act of any commissioner appointed under this act,
upon like application the said court shall as often
as any vacancy may occur fill the same; and the
said application and appointment shall be returned
and recorded by the clerk of the county in which
said commissioners may reside, and the said com-
missioners before they act shall take an oath before
the said judge or justice of the peace of the county,
and the same shall be certified by said judge or
justice, and recorded as aforesaid, to view and ex-
amine the lands of owners on whose lands said
railroad may have been or may be located, to con-
sider all the benefits and advantages which said
owners may derive from or in consequence of the
said road, and all the disadvantages and injuries
he, she or they may sustain thereby and fairly and
impartially assess the damages of such owner or
owners, and in all things faithfully to execute the
duties hereby imposed upon them, and the said
commissioners shall be entitled to four dollars per
day for every day they may be occupied in the dis-
charge of the duties hereby imposed, to be paid by
the said company.

CHAP. 59.

SEC. 3. And be it further enacted, That whenever
it shall be necessary for the said company to enter
upon and occupy for the purpose of making the said
railroad any lands on which the same may be lo-
cated, if the owner or owners of the said land shall
refuse to permit such 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 the said land by such entry and occupa-
tion, the said commissioners or a majority of
them on being notified by the said company
shall go upon said lands, and after viewing the
same and due consideration of all the advantages
and disadvantages of the said road to the own-
er or owners of said lands, shall assess the
damages of the said owner or owners, and shall
certify their finding and award in writing to the
clerk of the Circuit court of the county in which said
land may lie, in which certificate they shall de-
scribe the lands condemned, and the same shall be
recorded among the land records of his office, and
a copy thereof under the said office shall be legal

Certificate of
award to be
filed with the
clerk of Cir-
cuit court.