The Woodville Republican. [volume] (Woodville, Miss.) 1847-1853, 1850-08-06

guardian or trustees aforesaid, and in all ca.
ses where such owner or owners NAV be
unknown or residing without the limits OF
this state or said county, or may be residents
within this state, but under the age OF twen-
ty-one years, and having no guardian, or may
be otherwise incompetent to contract with
said company, for the acquisition of said
land as aforesaid, then it shall and may be
lawful, and it shall be the duty of the clerk
OF the circuit court of Wilkinson county, on
the application of said company, to issue
under the seal of said court, a writ directed
to the sheriff Of said county, and command
ing him to summon a jury of twelve Free
holders OF ms county, to be upon said land
on day by such sheriff to be appointed,
not less than five nor more than thirty DAYS,
from the issuing of said jury, after being
duly sworn by said sheriff or some Justice
Of the peace, to make true inquest of the
damages suffered or to be sufeted by such
owner or owners of said land, or the estate
IN the hands of such executor, admnistra-
tor, guardian, or trustees of school lands,
by reason of the making of said railroad
through and upon said land, and it shall be
| the duty of said sheriff to give personal
notice of said writ, and of the time by him
fixed for the taking of said iuquisition, to
twelve good and lawful men of his county,
being freeholders, at least three days before
said day, so by him fixed and he shall give
similar notice to the owner or owners of
said lard, or the executor, administrator,
guardian, Or trustees aforesaid, if they be
within his county, at least five days before
the said day so by him fixed, and if such
owner or owners do not reside in said county
OF this state, or be unknown or be minor
or minors, residing in said county, and
having no guardian, or be otherwise incom-
petent to contract in reference to said land,
as aforesaid then and in every such case,
the said sheriff shall give notice as aforesaid,
| by advertisement thereof, 10 be by him post
ed up on some conspicuous part Of said land,
e dwelling-house if there be one) at least
five days before the day so by him
fixed, and also by inserting said ad.
vertisemeht at least three weeks before said
day so fixed by said sheriff, in some news
paper printed in said county, if any, and if
none, then in some newspaper printed near
est to said land, in this State.
| 6. And be ii. further enacted, That if anv
person, summoned as a juror, as aforesaid,
fail to appear, or by reason of challenge for
cause, or otherwise fail to sit on said in.
quest, the said sheriff shall fill said jury from
the by-standers or others most convenient
to said land, being freeholders of his county
And if said jury fail to render verdict, the
said sheriff shall again, on the same or a
subsequent day as hereinafter limited and
appointed, empannel a new jury or juries
Of freeholders of his county, without Other
writ or precept, until verdict be rendered
which verdict and inquest certified by said
sheriff, with the papers and writ In said
case shall be forthwith returned by said
sheriff, to the office of said clerk of said cir.
cult court, and shall be by said clerk filed
away and recorded, and shall ever after be
held and taken as record, of said circuit
court, and said inquest shall vest in said
company, the absolute and full title to said
land, in fee simple, (unless appealed from
as hereinafter provided,) on the payment o.
tender Of payment by said company, to the
person or persons interested, of the damage
SO assessed by said jury, or by placing tn,
amount of said damages to the credit of sucl
owner or owners, or other persons interest
ed, as executor, administrator, guardian
trustees OF school lands, or otherwise in an,
bank in this state, other than the bank o
said company, nearest to the land aforesaid
7. And be 1t further enacted, That sail
sheriff shall appoint the day for the holdin!
of said inquest, and shall hold the sam
within ten days after he shall have receivet
the said writ to him directed, unless the no
tices herein directed, should render fur
ther time necessary, in which case SAT-. in
quest shall be appointed and held by SAT-
sheriff, within thirty days from the recer
ton of said writ by said sheriff: and sal
: sheriff shall not delay the taking of said in
. quest, more than two days in addition, 70
> each jury, which it may be necessary t.
summon under said writ, as hereinbefor
directed
8. Ind be 1t furt]s9r enacted, That in es
f timating the value of the land to be locates
, and appropriated to the use of said compa
: ny, or the damages Of such location and ar
preparation, it shall be lawful for the jury t
{ take into consideration the increase of vau
/ which the construction of said railroad ma
r give to the lands Of the owner or propr
etor adjacent thereto; and allow in fixin
! the rate Of damages, fair offset for such in
creased value to the damages aforesaid, an
, when such increased value shall equal @
exceed the said value or damages, their find
ing shall be certified to that effect; and j
that case the increased value shall be take
{ in satisfaction for such land or damages.
: 9. A'sd be 1t further enacted, That an
) party in. said inquest feeling himself or hel
t self aggrieved thereby may appeal to tn
I, high court of errors and appeals of tli
g state; and the verdict and finding of said il
4 ry, certified by said sheriff, shall be deeme
e and held to be judgment for all the pu