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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 185   View pdf image (33K)
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1866.] OF THE SENATE. 185
logs or any lumber that may be boomed, or materials for the
building" or repair of said piers, piles or booms, for a longer
time than five days at any one time without the consent, of
the owner or owners; and that such temporary use and occu-
pation shall exist only when it shall be indispensably neces-
sary, and in case the parties being unable to agree upon the
price or sum to be paid for such temporary and necessary
use and occupation, a Justice of the Peace in the county
where the shore lies, shall have jurisdiction, and suit for
damages may be maintained against said company, before
said Justice, and either party shall have the right to appeal
to the Circuit court of said county.
Which was read and adopted.
On motion of Mr. Turner,
The twenty-first section was stricken out.
Mr. Stephenson submitted the following amendment:
And be it enacted. That whenever the proprietor of any
land, fishery or other property lying on either side of the
Susquehannah river or Chesapeake bay, between Spaysutia
Island and the line dividing Maryland and Pennsylvania,
may believe that his or her property has been damaged in
consequence of the construction and use of said boom or booms
or any fixtures thereto belonging or appertaining, such pro-
prietor may apply to any Justice of the Peace of the county in
which, such land, fishery or other property may lie, who
shall thereupon issue his warrant under Jus hand and seal,
directed to the sheriff of said county, requiring him to sum-
mon a jury of twenty disinterested persons qualified to act as
jurors in the Circuit court of such county, to meet on said
land, fishery or other property, on a day named in said war-
rant, not less than ten nor more than twenty days after the
issuing of the same; and if at. the said time and place any
of said jurors summoned do not attend, the said sheriff shall
immediately summon as many jurors as may he necessary
with the jurors in attendance to furnish a pannel of twenty
jurors in attendance; and after four of the jurors so summoned
are stricken off by the president of said company or his agent,
and four others by the person or persons interested in said lane1
fishery or other property, or his or her agent, or in the ab-
sence or refusal to strike off by such persons or their agents
four to be stricken off by said sheriff, the remaining twelve
shall act as the jury of inquest of damages, and before they
act as such, the said sheriff shall administer to each of them
an oath or affirmation as the case may be, that he will justly
and impartially value the damages which the owner or owners
21

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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 185   View pdf image (33K)
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