E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

them, and in determining the amount of such compen-
sation, the jury shall not make any allowance or deduc-
tion on account of any real or supposed benefits which
the parties, in interest, may derive from the construc-
tion of said rail road, and said company shall give writ-
ten notice to all persons whose interests are to be affect-
ed by the condemnation of any lands, of the time and
place of holding the inquisition, at least ten days prior
to the holding of such inquisition, and the said valua-
tion, if not received 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

CHAP. 309.

legal representatives; Provided, that no timber of any
kind shall be cut on any land other than the bed of the
rail road company, or taken by them, or any of their
agents or employees, for the use of said rail road, with-
out the consent of the owner or owners, and all costs
and expenses that may accrue in consequence of the
condemnation of any lands or materials for the use of
said rail, road, shall be paid by said rail road company.

Proviso.

Sec. 14. And be it enacted, That whenever in the
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 com-
pany, so to construct the said road across such estab-
lished road or way, as not to impede the passage or
transportation of persons or property along the same,
and 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, and where there are, or may be required
ditches through said lands, said owners shall have a

Established
road or way.

right to retain or construct such ditches; Provided,
that no new ditch shall be so constructed as to injure
said road.

Proviso.

SEC. 15. 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 the transportation of passengers,
and for tolls upon goods, produce, merchandize or pro-
perty of any kind, transported by them along said road,
at such prices as to them may seem proper, not exceed-
ing four cents per mile for each passenger, and not ex-
ceeding six cents per ton, per mile, for goods, produce,
merchandize or other property.

Power of pre-
sident and di-
rectors to pur-
chase locomo-
tives, and to
fix the rates of
charge for pas-
sengers, &c.

SEC. 16. And be it enacted, That said company
shall start and run their cars for the transportation of pas-

Start and run
cars at regular
times.