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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 2704   View pdf image (33K)
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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 he, that he will justly and impartially value
the damages which the owner or owners will sus-
tain by the use or occupation of the same required
by the Company, and also the benefits and advan-
tages to accrue to the owner or owners by the con-
struction of the said road as a set off to the said
damages, but only in extinguishment of the claim
for damages, and not for the actual value of the
land or other material taken, and after having
made a fair and just off-set of the advantages and
disadvantages arising from the construction of the
said Railroad, they shall estimate and determine
what amount of damages has been or may be sus-


tained by the said owner or owners, respectively,
and the said sheriff shall summon such witnesses
as the parties may require, who shall be examined
on oath or affirmation, to be administered by the
said sheriff in relation to the value of the land to
be condemned and the damages to adjacent land of
such land owner; and the said jury shall reduce
their inquisition to writing, and shall sign and
seal the same, and it shall then be returned by the
sheriff to the Clerk of the Circuit Court of the
county in which the lands or materials are situated,
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 within the
first ten days of the term next after the said return,

Summon wit-

and when confirmed shall be recorded by the said
Clerk at the expense of said Company, or owner
or owners of said property, as the Court may
award, but if set aside, the said Court may direct
another inquisition to be taken in the manner
above prescribed, the cost of such second inquisi-
tion to be in the discretion of the Court, and
such inquisition shall describe the property taken,
or the bounds of the lands condemned, and the
value of the same, and such valuation when paid
or offered to the owner or owners of said property,
or his, her or their legal representatives, shall en-
title the said Company to the estate, use of 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

Clerk to re-



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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 2704   View pdf image (33K)
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