298 JOURNAL OF PROCEEDINGS [Feb. 7,
half the above rate shall be charged ; provided, however,
that no less than one-half cent shall be charged per horse or
mule for passing through said gate.
SEC. 8. And be it enacted, That such vehicle aforesaid to
be drawn by oxen, in the whole, or partly by oxen and partly
by horses, two oxen shall be equal to one horse in charging
all the aforesaid tolls, and every mule as equal to one
horse.
SEC. 9. And be it enacted, That this company shall have
the power to prevent travel on the said road during the con-
struction of the same.
SEC. 10. And be it enacted, That nothing in this Act shall
be so construed as to authorize said corporation to issue any
note, token, scrip, device or other evidence of debt, to be
used as currency; and that the General Assembly reserves
to itself the right to alter or amend this Act of incorporation
at pleasure.
SEC. 11 And be it enacted. That if the said company
shall not be able to agree with the owner or owners of
any land, over or through whose land the said road may
be made, or whose lands may be wanted by the said com-
pany for a site for a toll-keeper's house, or if such owner be
absent from the county, or incompetent to contract, any
Justice of the Peace, upon application of the company, shall
issue his warrant to the Sheriff of the county, directing him
to summon twenty disinterested persons, qualified as jurors,
to meet at the place where the land sought to be condemned
lies, four of whom may be stricken off the panel by the said
company or their agent, and four by the person or persons
interested or their agent, or in the absence or on the refusal
of either by the Sheriff; and the said Sheriff shall qualify
the remaining twelve, either by oath or affirmation, justly.
truly and impartially to value the damages which will be
sustained by the owner or owners of such land, by reason of
the condemnation of such land, and the jury shall reduce
their inquisition to writing, and sign and seal the same, and
the Sheriff shall return the same to the Clerk of the Circuit
Court for the county, to be filed among the records of the
Court, and the same shall be confirmed by the Court at its
next session thereafter, unless cause to the contrary be shown,
and when confirmed by the Court, shall be recorded among
the records of the office of the said Clerk ; but if set aside,
the Court shall order a new inquisition to be taken as afore-
said, and if confirmed, and the damages awarded, paid or
tendered by the said company to the owner or owners of the
property condemned, such inquisition and confirmation shall
vest the title and interest of the owners thereof in the prop-
erty condemned in said company.
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