PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1849.

of said company, but if set aside, the said court may
direct, another inquisition to be taken in the manner
above prescribed, and such inquisition shall describe
the property, taken, or the bounds of the land con-
demned, and the quantity or duration or the interest
in the same, valued for the company, and such valua-
tion when paid or tendered to the owner or owners of
said property, or his, her or their legal representatives
shall vest in said company the estate and interest in-
the same thus valued, as fully as if it had been con-
veyed by the owner or owners of the same, and the
valuation, if not received when tendered, may at any
time thereafter be received from the company without
costs by the said owner or owners, or his, her, or their

local representative or representatives.

CHAP. 469.

SEC 11. And be it enacted, That whenever, in the
construction of said road or roads, it shall he neces-
sary to cross or intellect any established road or way
it shall be the duty of the president and directors of
said con many, 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 where it shall he necessary to pass through
the land of any individual, it shall also be their duty .
to provide for such individual proper wagon ways
across said road or roads, from one part of his land

to the other.

When crossing
other roads.

SEC. 15. And be it enacted, That whensoever it
shall be necessary for said company to have, use or
occupy any lands, materials or other property, in or-
der to the construction or repair of any part of said
road or roads, or their 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 manner hereinbe-
fore prescribed in those cases where the property is to
be changed or altered, by admixture with other sub-
stances before such alterations are made, and that it
shall not be necessary, after such view, in order to
the use or occupation of the same, to wait the issue
of the proceedings upon such view, and the inquest
of the jury, after confirmation, and after payment or
tender of the valuation, shall be a bar to all actions
for taking or using such property, whether commenced
before or after such confirmation, or the payment of
said valuation.

When lands,
materials, etc.,
are requisite.