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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 2841   View pdf image (33K)
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THOMAS SWANN, ESQUIRE, GOVERNOR. 503

and the corporation may construct and maintain
all bridges and other structures and works which
it shall deem necessary for the purpose of its in-
corporation ; but the land which it shall have a
right to acquire for the construction of such road,
branches and works, shall not exceed sixty-six feet
in width besides the necessary spaces for slopes
along the main line or any branch generally, and
five acres at either terminus of the main line or a
branch, and one acre at any intermediate station.

 

Sec. 14. And be it enacted, That if the corpora-
tion cannot agree with the owner for. the purchase,
use or occupation of land, gravel, earth, timber or
other material required for the construction, en-
largement or repair of any of its works, or if the
owner be a married woman, infant, non compos
mentis or out of the State, the corporation may
apply to a Justice of the Peace of the county in
which such property is situated, and he shall issue
his warrant to the Sheriff of the county requiring
him to summon a jury to meet on the land at a
day therein specified, and being riot more than ten
nor less than five days thereafter.

Condemn.

Sec. 15. And be it enacted, That the said Sheriff
shall accordingly summon eighteen disinterested
men, not related to either party, and if any of
them do not attend he may summon or call others
immediately to make up the number of eighteen ;
each party shall have a right in person by agent
or attorney, if present at the time, to strike off
three, and the Sheriff shall strike off such as shall
not be stricken off by the parties until the number
shall be reduced to twelve, who shall be a jury.

Jurors.

Sec. 16. And be it enacted, That the Sheriff shall
then administer an oath or affirmation to every
person of the jury, that he will impartially and to
the best of his skill and judgment value the land or
other property required by the corporation, and also
(if the same be land required for the construction of
road or work) the damage which the owner will
sustain, if any, by the taking of the land for such
use ; the jury shall accordingly inquire of such
value and damage and make report thereof in
writing to be signed by them all, and setting forth
(in case of land) the boundaries of the land and
the estate, interest or use to be taken by the cor-

Oath.



 

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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 2841   View pdf image (33K)
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