PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

estimate the benefit resulting to the said owner or own-
ers from conducting such rail road through or along We
property of the said owner or owners, but only in ex-
tinguishment of the claim of damages, and 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 of his county and by such clerk filed
in his court, and shall be confirmed by said court at its
next session if no sufficient cause to the contrary be
shown, and when confirmed shall be recorded by said
clerk at the expense of the said company, but if set
aside the said court may direct another inquisition to
take place in the mode before prescribed, and such in-
quisition shall describe the property taken or the bounds
of the land condemned, and the quantity or duration of
the interest 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 re-
presentatives, 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 the said valuation if not received when ten-
dered may at any time thereafter be received from the
said company without costs by the said owner or own-
ers, or his, her or their legal representatives.

CHAP. 202.

SEC. 13. And be it enacted, That whenever in the
construction of said road it shall be necessary to cross
or intersect any established road or way, it shall be the
duty of the president and directors of 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, and where it
shall be necessary to pass through the land of any indivi-
dual it shall also be their duty to provide for such individual
proper wagon-ways across said road, and where there
or may be required ditches through said lands, said
owners shall have a right to retain or construct such
ditches; provided, that no new ditch shall be so con-
structed as to injure said road.

Not to obstruct
roads already
established.

Proviso.

SEC. 14. And be it enacted, That the said board of
directors, or a majority of them, may purchase with
the funds of said company and place on said rail road
all machines, wagons, engines, vehicles or carriages
whatsoever for the purpose of transportation on said
road, and may charge for tolls upon goods, produce,
merchandize or property of any kind transported by
them along said rail road the following rates, namely:
on all goods, produce, merchandize or property of any

Rate of tolls.