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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 1700   View pdf image (33K)
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184 JOURNAL OF PROCEEDINGS [Feb. 12,.

On motion by Mr. Miller,

Leave was granted to the Committee on Judicial Proceed-
ings to report a bill relating to attachments and garnishes.

On motion by Mr. Spates,

Leave was granted to Senators Spates, Clarke and Wilson
to introduce a bill to divide the City of Cumberland into two
election wards, for municipal elections or purposes.

Mr. Miller, from the Committee on Judicial Proceedings,
to whom was referred Senate bill entitled an Act to incorpo-
rate the Liberty Branch Railroad Company, reported it with
the following amendment:

AMENDMENT PROPOSED.

Strike out twelfth section, and insert the following in lieu
thereof:

SECTION. 12. Be it enacted, That the said President and
Directors, or their agent or agents, authorized by them, may
agree with the owner or owners of any land, earth, gravel,
stone, timber, streams, or materials of any improvements
which may be wanted for the proper construction or repair
of said roads or any of their works, for the purchase and use
and occupation or diversion of the same ; and if they cannot
agree, or if the owner or owners of any of them be an infant,
feme covert, who is not possessed of the property to her sole
and separate use, or authorized to contract in reference to the
same, non compos mentis, or out of the county where such
property wanted may lie when such property may be wanted,
or for any other cause be legally incapable of contracting,
application may be made, by the said Company, to any Jus-
tice of the Peace of such county, who shall thereupon issue
his warrant, under his hand and seal, to the Sheriff of the
county, requiring him to summon ajury of twenty of the in-
habitants of said county, above the age of twenty-one years,
not related to the parties, or in anywise interested, to meet
on the lands, or near the materials or other property wanted,
on a day named in said warrant, not less than ten nor
more than twenty days after issuing the same ; and if at the
said time and place, any of the said jurors summoned do not
attend, the Sheriff shall immediately summon as many per-
sons, similarly qualified, as together with those in attendance
will furnish a panel of twenty jurors in attendance, and from
the panel each party, his, her, it or their agent or attorney,
or if either be not present in person or by agent, or being
present in person or by agent, refuse to strike, the Sheriff',
for him, her, it or them, may strike offfour persons, and the
remaining twelve shall act as the jury of inquest of damages ;
and to each before he acts as such juror, the Sheriff hsall ad-


 

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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 1700   View pdf image (33K)
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