THOMAS SWANN, ESQUIRE, GOVERNOR. 837
struction or repair of any part of said railroad or
its works, and may make and construct all works
whatsoever necessary or expedient, in order to the
proper completion of said road.
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Sec. 11. 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 land, earth, timber or gravel, or
other materials, or any improvements for the con-
struction or repair of said road or its works, for
the purchase, or use and occupation of the same ;
and in case they cannot agree, or if the owner or
owners or any of them be a feme covert, under age,
non compos mentis, or out of the county in which the
property wanted may lie, when such land or ma-
terial may be needed, on application to a Justice
of the Peace for said county, he shall issue his
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Purchase land
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warrant under his hand and seal to the Sheriff of
said county, requiring him to summon a jury of
twenty inhabitants, land owners of said county not
related or in any wise interested in the premises,
to meet on the land or other property, or materials
to be valued, on a day to be specified in the warrant,
not less than ten nor more than twenty days after
issuing the same, and if at such time and place
any of the jurors summoned do not attend, the
Sheriff shall summon immediately as many jurors
as may be necessary with the jurors in attendance
to furnish a panel of twenty jurors, and from them
each party, his, her or their agent, or if either be
not present in person or by agent, the Sheriff may
strike off four jurors for each of the absent parties,
and the remaining twelve may act as a jury of
inquest of damages, and before they act as such,
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Summon jury.
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the 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 of said land and mate-
rials will sustain by the use and occupation of the
same required by the Company ; and the jury in
estimating such damages, shall take into consider-
ation the benefit or advantage resulting to the said
owner or owners from the construction of such rail-
road through or along the property of said owner
or owners, but only in extinguishment of the
claims for damages, if required by the party or
parties whose lands are to be affected by their pro-
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Oath.
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