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

Sdtui sucH dppebi SHdN not uelal or uluNCl
the progress Of the surveying, locating
erecting, constructing or repairing of said
railroad through aud over the land aforesaid
but 1t shall be lawful for said company to
proceed with their said work in the manner,
and torthe purposes aforesaid, notwithstand.
ing said appeal; and the verdict and fud-
ling of said jury shall be held to vest in said
company the full right to use aud, occupy
said land, for the purposes aforesaid, during
the Pendeucy of said appeal, and until the
final adjustment of the amount Of said dam
ages after said appeal, and on said final ad-
Justment accompanied by the payment, or
tender of payment, or deposit of said DANA
ges as hereinbeiore directed, the title to said
land shall be vested in absolute fee simple
in said company and in case of reversal by
said high court of errors and appeals Of any
such inquistion in whole or in part in such
manner that further proceedings may be ne
cessary after the decision of said high court
of errors and appeals then it shall be the du-
ty of said clerk of said circuit court, on re-
ceiving certificate of the judgment and de-
cree OF said high court of errors and appeals
forthwith to issue another writ as directed
in the fifth section of this act, and said sher-
iff shall thereupon proceed 10 take the in
quest of damages, in pursuance of said writ,
and of the judgment of said high court of
errors and appeals in all respects as directed,
in reference to the inquest and proceedings
above provided for, and so on from time to
time, till final adjustment of said damages
is effected; and no exception shall be allow
ed for matters of form, either in the writ or
other proc eedings had on taking said inquest
by said sheriff, as directed by this act.
II. And be IL further enacted, That said
company shall furnish the jury on the sit
ting OF said inquest with statement cor
responding in substance with the petition
named in the eighth section of the act, to
which this is an amendment, accompanied
by the maps, specifications and surveys,
contemplated therein.
12. And be 1t further enacted, That if
there shall be no suitable building on said
land, or if for other cause, the said sheriff,
shall deem it advisable, the inquest herein
directed may be taken by him, at some con.
venient place near to said lands, provided
that SAID jury have view of said land, un.
less kept off by force and it shall be lawful
for said sheriff while said inquest is in pro.
! gress, to adjourn the trial of the same, from
day to day, if the time in any day should moi
be sufficient for the completion of said in
quest.
13. And be 1t further enacted, That the
: writ hereinbefore provided, may bear test
as other writs, issuing from said circuit
court, are by law directed to be tested, and
may be dated of the day when the same is
sued and after the issuing of said writ, il
shall be the duty of the said clerk to issue
all subGnas for witnesses, and commission.
ers to take depositons on the application Of
any party interested in the same manner
and at the same costs, as are directed and al.
, lowed by law in cases in said circuit court
IA A'ed be 1t further enacted, That said
sheriff and clerk or either of them, for any
default therein, may be fined by said circuit
court, in any sum not exceeding five hun
dred dollars, at the motion of any party in.
; terested in said inquest. And any Juror
failing to appear and sit on said inquest, be.
ing first duly summoned, may be fined by
said court, not exceeding twenty dollars
and they shall be further subject to the ac
ton OF the party aggrieved by such default
: or neglect.
: Is. And be II further enacted, That i
shall not be lawful for any court in this state
u to grant any writ of injunction, or other pro
/ cess to stay the operations of said company
d their surveyors, engineers, agents, or othe
3 persons employed by them in surveying
e locating erecting, constructing, building, ol
d repairing said railroad, or It's authorized
: appendages aforesaid.
: 16. And be IL 1Urther enacted, That the
!, clerk of said circuit court, shall be allowed
i as fees, for the services herein directed anc
}, required, and in full of the same, as follows
to wit For issuing said writ of inqusition
+ seventy-five cents for issuing every sub
Il p9na, thrty-seven and hall cents for is
suing every commission, seventy-hve cents
for receiving and filing inquest and papers
seventy-fve cents for making out full re
y cord, two dollars fifty cents And said sher
iff, shall receive in full of all compensation
+ for the services herein required of him as fol
J. lows, to wit:-For each personal service 0
notice OF writs of inquisition, except 70
{ jurors, each twenty-five cents /; for same oi
urors, each twenty-five cents; for pubIica
T. tion of each notice, seventy-fve cents fo
z summoning each witness, fifty cents: 70
/ holding inquest, five dollars; besides TIN
amount Of the printers bill, for the publica
= ton aforesaid and each juror serving ol
! sand inquest, or appearing in obedience t.
U the command of said writ, shall be entitle,
u to receive the sum of one dollar and fft
cents each days attendance on such inquest
y all of which cost shah be taxed in bill {
r costs, by the clerk aforesaid, and shall b
e paid by said company unless said compan
IS shall have made tender Of payment to tn
l. person or persons interested previous to sal
d inquest, of an amount at least equal to th
T. damages assessed, by said jury, in whic