Sec. 41.  Condemnation of land.
   That when any land or right of way shall be required for the purpose of opening new streets or for widening those already opened for other objects allowed by this Charter, and for want of agreement as to the value thereof, the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by three freeholders of the town, to be chosen, one by the land-owner and one by the commissioners, which two so chosen shall choose the third freeholder, or if the land-owner shall refuse or fail to choose one of the freeholders as above directed, the town commissioners may choose two, who shall select the third; and in making said valuation, said freeholders, after being duly sworn by the mayor or justice of the peace or clerk of a court of record, shall take into consideration the loss or damage which may accrue to the owner in consequence of the land or right of way being surrendered; also any benefit or advantage such owner may receive from the opening or widening such street or other improvements, and ascertain the sum which shall be paid to the owner of said property, and report the same to the board of commissioners under their hands and seals; which report, on being confirmed by the board and spread upon their minutes, shall have the effect of a judgment against said board of commissioners, and shall pass the title to the board of commissioners, in their corporate capacity, of the land so taken: Provided, that if any person over whose land the said street may pass or improvements be erected, or the commissioners, be dissatisfied with the valuation thus made, then, in that case, either party may have an appeal to the next superior court: Provided, however, that such appeal shall not hinder or delay the commissioners opening or widening such street or erecting such improvements.