41. Matters to be considered in determining compensation.
- In any such case which is referred to the Judge and assessors for the purpose of determining whether any, and, if, so, what amount of compensation should be awarded, the Judge and assessors shall take into consideration-First, the market-value of the property or right injuriously affected at the time when the act was done or the work executed;Secondly, the damage sustained by the claimant by reason of such act or work injuriously affecting the property or right;Thirdly, the consequent diminution of the market-value of the property or right injuriously affected when the act was done or the work executed;Fourthly, whether any person has derived, or will derive, benefit from the act or work in respect of which the compensation is claimed, or from any work connected therewith, in which case they shall set off the estimated value of such benefit, if any, against the compensation which would otherwise be decreed to such person.Matters not to be considered determining compensation. - But the Judge or assessors shall not take into consideration-First, the degree or urgency which has led to the act or work being done or executed;Secondly, any damage sustained by the claimant, which, if caused by a private person, would not in any suit instituted against such person justify a decree for damages.
