Sec. 15. And be it enacted, That the President
and Directors of said Company or a majority of
them or their agents may agree with the owner or
owners of any lands, earth, timber, gravel or other
materials important for the construction or repair
of any part of said roads or its works for the pur-
chase, or use, or occupation of the same, and in
case they cannot agree or if the owner or owners or
any of them be feme covert, under age, non com-
poamentis, or out of the county in which the pro-
perty wanted may be when such land or materials
may be needed, on application to a Justice of the
Peace in such county, he shall issue his warrant
under his hand and seal, directed to the Sheriff of
said county, not related to or in anywise interested
in the premises, to meet on the land to be valued
on a day to be specified in said warrant not less
than ten nor more than thirty days after issuing
said warrant, and in case any of the jury aforesaid
do not appear, the Sheriff shall instantly summon
as many jurors as be necessary with the jurors in
attendance as to furnish a panel of twelve jurors,
and from them each party, his or her or their
agents, or if either be not present in person or by
agent, the Sheriff may strike off three jurors for
each. of the absent parties, and the remaining six
shall act as the jury of inquest for damages, and
before they act as such, the Sheriff shall adminis-
ter to each of them an oath .or affirmation as the
case may be, that he will justly and impartially
value the damages and benefits which the owner
or owners of said land will sustain by the .use or
occupation of the same required by the Company,
and if required by the party or parties whose lands
are to be affected by their proceedings or by the
said Bail Road Company, the jury shall cause to

May contract
for materials.

be summoned such witnesses as the parties may
require, and shall examine them on oath or affir-
mation in relation to the value of the property to
be condemned, and they shall reduce the testimo-
ny to writing, and after the testimony is closed,
and without unnecessary delay, and after having
made a fair and just comparison of the advantages
and disadvantages arising from the said Rail Road,
they shall estimate and determine whether any
ana. if any, what amount of damages has been or
may be sustained by the said owner or owners re-
78

To summon
witnesses.