PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1849.

recorded by the said clerk, at the expense of the said com-
pany, but if set aside, the said court may direct another
inquisition to be taken, in the manner above described,
and such inquisition shall describe the properly taken,
or the bounds of the land condemned, and the quality
or duration of the interest in the same, value for the
company, and such valuation, when paid or tendered
to the owner or owners of said property, or its, his or
their legal representatives, shall entitle 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 valuation, if not received when tendered,
may at any time thereafter be received from the compa-
ny, without cost, by the said owner or owners thereof,

CHAP. 498.

his or their legal representatives; provided always, that
no timber shall be cut on any land, other than the bed
of the road, by order of the said rail road company, or
taken by them for the use of the said rail road, without
the consent of the owners, except from said bed.

Proviso.

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 du-
ty of the said president and directors of the paid compa-
ny, so to construct the said road across said established
road or way, as not to impede the passage or transporta-
tion of persons or properly through the land of any indi-
vidual, it also shall be their duly to provide, at the ex-
pense of the company, for such individual, proper wa-
gon ways across said road or roads, from one part of his
land to another.

When crossing
other roads.

SEC. 14. And be it enacted, That whenever it shall
be necessary for said company to have, use or occupy

any lands, materials, or other property, in order to the
construction or repairs of any part of the said road, its
works, or any buildings, the said president and direc-
tors, 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 reviewed by a jury, formed in the same
manner as hereinbefore prescribed, in those cases where

the property is to be changed or altered, by admixture
with other substances, before such alteration is made,
and that, it shall not be necessary after such view, in or-
der to the use and occupation of the same, to wait the
issue of the proceedings upon such view, and the in-
quest of the jury after confirmation, and after pay-
ment or tender of the valuation, shall be a bar to all
actions for taking or using such property, whether com-

How kept in

repair.