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Session Laws, 1856
Volume 623, Page 137   View pdf image
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T. WATKINS LIGON, ESQUIRE, GOVERNOR.

137

four jurors, and the remaining twelve shall act as
the jury of inquest of damages; and before they act
as such, the said sheriff shall administer to each
of them an oath, or affirmation, as the case may be,
that he will justly and impartially value the damages
which the owner or owners of said land, earth, grav-
el, stone or other materials will sustain by the use or
occupation thereof by said company; and, if re-
quired by the parties whose lands are to be affected
by their proceedings, the jury shall cause to be sum-
moned such witnesses as the party may require, and
shall examine them on oath in relation to the value
of the property to be condemned; and they shall re-
duce the testimony, if any is taken by them, to wri-
ting; and after the testimony is closed in such case,
and without any unnecessary delay, and before pro-
ceeding to the examination of any other claim, they
shall ascertain and determine the compensation
which ought to be justly made by said company to
the party, or parties, owning or interested in the real
estate or other property appraised by them and in
determining the amount of such compensation, the
jury shall not make an allowance or deduction on ac-
count of any real or supposed benefits which the
parlies may derive from the construction of said rail-
road or railroads; and the said company shall give
notice to all persons whoso interests are to be affect-
ed by the condemnation of any land, in writing, or
by advertisement in a newspaper published in Cum-
berland, for at least three weeks successively, of the
time and place of holding such inquisition; the said
jury shall reduce the inquisition to writing; shall sign
and seal the same; and it shall be returned by the said
sheriff to the clerk of the Circuit Court of Allegany
county, and by said clerk filed in his office; and shall
be confirmed by the said Circuit Court at its next
session if no sufficient cause to the contrary be shown;
and when confirmed, shall be recorded by the said
clerk at the expense of the said company; 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 property taken, the
bounds of the lands condemned, and the quantity or
duration of interest in the same condemned for the
company; and such valuation, when paid into court,
or paid or tendered to the owner or owners of the
said properly, or to his, her, or their legal represent-
atives, and not before, shall entitle the said company



 
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Session Laws, 1856
Volume 623, Page 137   View pdf image
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