12

construction or repair of any of said roads, or any of their
works, for the purchase and use and occupation of the same;
and if they cannot agree, or if the owner or owners, or any
of them, be an infant, feme covert, non compos mentis, or out
of the country, where such property wanted may lie, when
such property may be wanted, application may be made to
any justice of the peace of such county, who shall thereupon
issue his warrant, under his hand and seal, to the sheriff of
the county, requiring him to Summon a jury of twenty of
the inhabitants, not related to the parties nor in any wise
interested, to meet on the lands or near the materials or other
property wanted, on a day named in said warrant, not less
than ten nor more than twenty days after issuing the same;
and if, at said time and place, any of the said jurors sum-
moned do not attend, the sheriff shall immediately summon
as many persons similarly qualified as, together with those
in attendance, will furnish a panel of twenty jurors in attend-
ance; and from the panel each party, his, her, its or their
agent or attorney, or if either party be not present in person
or by agent, the sheriff, for him, her, it or them, may strike
off four persons, and the remaining twelve shall act as the
jury of the inquest of damages; and to each, before he acts as
such juror, the sheriff shall administer on oath or animation
that he will justly and impartially value the damages that
the owner or owners will sustain by the occupation of the
same required by the company; and the said jury shall reduce
their inquisition to writing and sign and seal the same, and
it shall then be returned by the sheriff to the clerk of the
circuit court for his county, and be filed by said clerk in his
office, and shall be confirmed by the said court at its next
term or session, and when confirmed shall be recorded by
said clerk at the expense of the company; but if the same be
set aside, the said court shall direct another inquisition to be
taken, in the manner above described; and the inquisition
shall in all cases describe'the property taken, or the bounds
of the lands condemned, and the quality or duration of th
interest in the same, valued for the company; and such valu-
ation, when paid or tendered to the owner or owners of the
property, his, her or their legal representative, shall entitle
the said company to the estate and interest in the same thus
valued, as if it had been legally conveyed by the owner or
owners of the same; and the valuation, if not received when
tendered, may at any time thereafter be received without
costs, from the said company, by the owner or owners, and
of his, her or their legal representatives.

To Provide Wagon Ways.

SEC. 14. And be it enacted, That whenever, in the construc-
tion of said road or roads, it shall be necessary to cross or