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value of properly to be condemned, and the damages
to that adjoining, and they shall reduce the testimony,
if any is taken by them, to writing, and after the testi-
mony is closed, in each case, and without any unneces-
sary delay, and before proceeding to the examination of
any other claim, they shall ascertain and determine the
compensation which ought justly to he made by the 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 an allowance or deduction on account of any
real or supposed benefits which the parlies, in interest,
may derive from the construction of said rail road, and
said company shall give written notice to all persons
whose interests are to he 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; 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 the Cir-
cuit Court for his county, and by such clerk filed in
his court, and shall be confirmed by said court at its
next session, if no sufficient cause to the contrary be
shown, and when confirmed, shall be recorded by said
clerk at the expense of said company, but if set aside,
the said court may direct another inquisition to take
place in the mode before described, and such inquisition
shall describe the property taken, or the bounds of the
land condemned, 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 own-
ers of said property, or his, her or their legal repre-
sentatives, shall entitle the said company to the es-
tate, and interest in the same thus valued, as fully
its if it had been conveyed by the owner or owners
of the same; and the said valuation, if not received
when tendered, may, at any time thereafter, be re-
ceived from the said company, without cost, by the said
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CHAP. 326.
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owner or owners, his, her or their legal representatives
tives; Provided, that no private properly shall be
taken by said company for the use of said load,
without just compensation as agreed upon between
the parties, or awarded by the jury, being first paid
or tendered to the party entitled to such compensation ;
And 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, without the
consent of the owners; And Provided further, that
all costs and expenses that may accrue in consequence
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Provisoes.
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