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any other claim, they shall ascertain and determine the
compensation which ought justly to be made by said
company to the party or parties owning or interested in
the real estate appraised by them, and in determining
the amount of such compensation, the jury shall not
make on allowance or deduction on account of any
real or supposed benefits which the parties, in interest,
may derive from the construction of raid rail road, and
said company shall give written notice to all persons
whose interests are to be affected by the condemnation
of any lands, of the time and place of holding the in-
quisition, at least ten days prior to the holding of such
inquisition; the 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 the Cir-
cuit Court of his county, and by such clerk of the
Circuit Court filed in his court, and shall he confirmed
by said court at its next session, if no sufficient cause
to the contrary be shown, and when confirmed, shall
be recorded by the said clerk of the Circuit Court, at
the expense 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 de-
scribe the properly taken, or the bounds of the land con-
demned, and the quantity of 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 its, his, her or their legal representatives,
and not before, shall entitle the said company to the
estate, use 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 company, without cost, by the said owner or own-
ers, his, her or their legal representative or representa-
tives.
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CHAP. 304.
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SEC. 16. 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
duly of the said president and directors of the said
company, or a majority of them, so to construct the
said road across such established road or way as not to
impede the passage or transportation of persons or pro-
perty along the same; or when it shall be necessary to
pass through the land of any individual, it shall, also,
be their duty to provide, at the expense of the com-
pany, for such individual, proper wagon-ways across
said road or roads, from one part of his land to the
other.
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Established
road or way.
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