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cified in said warrant, not less than five nor more than
ten days after issuing the same, and in case any of the
jurors aforesaid do not attend the said sheriff shall in-
stanter summon as many jurors as may be necessary
with the jurors in attendance to furnish a pannel of twenty
jurors in attendance, and from them each party, his, her
or their agent, and if either be not present in person or
by agent, the sheriff may strike off four jurors for each
of the absent parties, and the remaining twelve shall act
as the jury of inquest of damages, and before they act
as such the said sheriff shall administer to each of them
an oath or affirmation, as the case may be, that he will
justly and impartially value the damages which the owner
or owners of said land will sustain by the use or occupa-
tion of the same required by the company, and the jury
in estimating such damages shall take into the estimate
the benefit resulting to the said owner or owners from
conducting such rail road through or along the property
of the said owner or owners, but only in extinguishment
of the claim of damages, and the said jury shall reduce
their inquisition to writing, shall sign and seal the same, and
it shall then be returned by the 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 suf-
ficient cause to the contrary be shewn, and when con-
firmed shall be recorded by said clerk at the expense of
the said company, but if set aside the said court may di-
rect another inquisition to take place in the mode before
prescribed, and such inquisition shall describe the pro-
perty 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 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 the said valuation if not re-
ceived when tendered may at any time thereafter, be
received from the said company without costs by the
said owner or owners, or his her or their legal repre-
sentatives.
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CHAP. 263.
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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
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Not to obstruct
any establish-
ed road.
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