May agree
with the owner
of any land,
gravel, &c.

Sec. 12. And be it enacted, That the President
and Directors of said company, or a majority of
them, may agree with the owner or owners of any
land, estate, timber, gravel, stone or other mate-
rials, or any improvements which may be wanted
for the construction or repair of any of their
works, and with the owner or owners of any water
or water rights which may he wanted for the
supply of the same, for the purchase or use and
occupation of the said land, earth, timber, gravel,
stones, waters or other materials, and if they can-
not agree, or if the owner or owners or any of
them be a feme covert, under age, non compos men-
tis, or out of Washington county, where appli-
lands, waters or materials shall be wanted, appli-
cation may be made to any Justice of the Peace of
said county, who shall thereupon issue his war-
rant, under his hand and seal, directed to the
Sheriff of said county, requiring him to summon
a jury of twenty inhabitants of said county, not '
related, or in anywise interested, to meet on the
lands, or near to the property or materials to be
valued, on a day named in said warrant, not less
than ten nor more than twenty days after the
issuing of the same; and if at said time and
place any of said jurors summoned do not attend,
the said Sheriff shall immediately summon as
many jurors as may be necessary, with the jurors
in attendance, to furnish a panel of twenty jurors
in attendance, and from them each party, or its,
his or their agent, and if either be not present in
person, or by agent, the Sheriff for him, her, it
or them, may strike off four jurors, and the
remaining twelve shall act as the jury of inquest
of damages, and before they act as such, the said

Jury requir-
ed to take an
oath.

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 will sustain by the use or
occupation of the same required by the company,
and the jury, in estimating such damages, shall
take into the estimate the benefit resulting to the
said owner or owners from the completion of the
works of said company, but only in extinguish-
ment of the claim for damages, and the said jury
shall reduce their inquisition to writing, and shall
sign and seal the same, and it shall then be re-