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owners of any land, earth, timber, gravel, stone,
or other materials, or any improvements which
may be wanted for the construction or repair of
its said Road, or any of its works, for the purchase
or use and occupation of the same, and if they
cannot agree, or if the owner or owners, or any
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Power to
condemn.
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of them, be feme covert, under age, non compos
mentis, or out of the County, in which the property
wanted may be, when such land or materials shall
be wanted, application may be made to any Jus-
tice of the Peace of such County, who shall there-
upon issue his warrant under his hand and seal,
directed to the Sheriff of said County, requiring
him to summon a jury of twenty inhabitants of
said County, not related, nor in any wise in-
terested, to meet on the land, or near to the other
property, or materials to be valued, on a day named
in said warrant, not less than ten nor more than
twenty days after the issuing of the same, and if
at said time and place any of said jurors sum-
moned do not attend,, the said Sheriff shall imme-
diately summon as many jurors as may he neces-
sary, with the jurors in attendance, to furnish a
panel of twenty jurors in attendance, and from
them each party, or its, his, her, or their agent;
if either be not present in person or by agent, the
Sheriff for it, him, her or them, may strike off
four jurors, and the remaining twelve shall act as
the jury of inquest of damages; and before they
act as such, 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 dam-
ages, which the owner or owners will sustain by
the use and occupation of the same required by
the Company, and the jury, in estimating such
damages, shall take into the estimate the benefit
resulting to the said owner or owners from con-
ducting such .Railroad through, along, or near to
the property of said owner or owners, but only in
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Extinguish
claim.
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extinguishment of the claim for damages, and the
said jury shall reduce their inquisition to writing
and shall sign and seal the same, and it shall then
be returned by the said Sheriff to the Clerk of his
County, and by such Clerk filed in his Court, and
shall be confirmed by said Court at its next ses-
sion, if no sufficient cause to the contrary be shown,
and when confirmed, shall be recorded by said
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