JOHN WALTER SMITH, ESQ., GOVERNOR.
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547
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Fourth. On the day named in the warrant for the meeting,
or any subsequent day appointed therefor, the sheriff and his
jurors, with the parties, shall meet as appointed. If any of
the twenty persons summoned fail to attend, the sheriff may
compel his attendance, or he may summon some other person
to serve in his place. Any of the twenty jurors who fails to
attend may be fined ten dollars by the sheriff, and said fine
may be recovered, in the name of the sheriff, in an action at
law, before a justice of the peace, and when recovered shall
be paid to the Commissioners.
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Failure of jury
summoned
to attend.
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Upon meeting as aforesaid, the sheriff shall call forward
each of the twenty persons summoned for jurors and make
inquiry whether he is a resident of the town, and twenty-five
years old, and whether he is interested in the property, or
related to or connected with any of the persons who own or
are interested in the same. If each party gives satisfactory
answers to the questions, and is sworn as a juror, no objection
shall ever afterwards be raised as to his qualification.
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How jury shall
be elected.
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If it be found that any person is ineligible, on inquiry he
shall be discharged, and the sheriff shall summon another
person in his place. When twenty eligible persons have
been obtained a list thereof shall be furnished to the Com-
missioners and to the parties owning or interested in the
property, respectively. All the parties or persons owning or
interested in the property shall constitute but one party, and
must act together as one party. The Commissioners shall be
entitled to strike four names from the list, and the parties
interested in the property shall be entitled to strike the same
number therefrom. If more than twelve names remain after
both parties have stricken off names, the sheriff shall strike
off enough to reduce the number to twelve, and said twelve
persons shall constitute the jury of inquisition.
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List of
eligibles
furnished
Commission'rs
and persons
interested.
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The sheriff shall swear the jurors in due form of law that
they will well and truly value the lands or property to be
condemned, and assess the damages sustained by the owner
or persons interested therein by reason of the condemnation
without partiality or prejudice, to the best of their skill and
judgment. A person may be appointed to act as clerk to the
sheriff, and he shall be paid two dollars per day.
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Shall swear
jurors.
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Fifth. Mortgagors and their assignees and judgment credit-
ors, with liens on the lands, having an interest in the proceeds
of condemnation, shall be considered as persons interested in
the lands, and shall be notified of the proceedings. If any
party or persons owning the property, or interested therein,
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Who
considered as
persons
interested.
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