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pation of the same, required by the company; if re-
quired by the party or parties whose lands are to be
affected by their proceedings, or by the said railroad
company, or their agent or agents, the jury shall
cause to be summoned such witnesses as the parties
may require, and shall examine them on oath or affir-
mation in relation to the value of property to be con-
demned; and after the testimony is closed, and with-
out any unnecessary delay, and after having made
a fair and just comparison of the advantages and dis-
advantages arising from the said railroad, they shall
estimate and determine whether any, and if any,
what amount of damages has been or may be sus-
tained by the said owner or owners respectively, and
make report thereof accordingly; 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 Circuit Court of
his county, and by such clerk filed in his court, and
shall be confirmed by said court at its next ses-
sion, if no sufficient cause to the contrary be shown,
and when confirmed shall be recorded by said clerk,
but if set aside, the said court may direct another in-
quisition to take place in the manner before described,
whose decision shall be returned as before directed ;
and such valuation, when paid or tendered to the
owner or owners of said property, or his, her, or
their legal representatives, shall entitle the said com-
pany 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 said valua-
tion, if not received when tendered, may at any time
thereafter be received from the said company by the
said owner or owners, his, her, or their legal repre-
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Proviso.
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sentatives; Provided, that no private property shall
be taken by said company, for the use of said road,
without just compensation, as agreed upon by the
parties, or awarded by the jury, being first paid or
tendered to the party entitled to such compensation.
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Authorised to
charge for pas-
sengers and
freight.
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SEC. 14. And be it enacted, That on the comple-
tion of the said railroad, or any section thereof, it
shall and may be lawful for the said company to de-
mand, charge and receive for transportation of freight
not exceeding four cents per hundred pounds for each
mile of said road, and for transportation of passen-
gers, not exceeding five cents per mile tor each pas-
senger.
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