1.  AND BE IT ENACTED, That in all cases where stone, gravel,
earth or sand, not already quarried or dug for the use of the owner,
or for sale, shall be necessary for making or repairing either of the
said turnpike roads, the president and managers of the said company,
or a majority of them, or any person authorised by them,
may agree with teh owner or owners of said materials for the purchase
of the same, or with the said owner or owners of the land
on which the same may be for the purchase of siad land; and in
case of disagreement, or in case the owner should be a feme covernt
or non compos, or under age, or out of the state or county, the president
of the company, or any person authorised by him for that
purpose, shall apply to a justice of the peace for the county wherein
the said materials may be, which justice shall thereupon issue his
warrant, directed to the sheriff of the county, commanding him to
summon twelve disinterested persons, qualified to serve as jurors in
the county court, to meet at a place where the said materials may be;
and the said sheriff shall qualify the said persons either by oath, or
affirmation, (as the case may be,) justly, truly and impartially, to
value the damages which may be sustained by the owner or owners
of teh materials required by such company; and the said persons
shall, after valuing the damage which may be sustained by the
owner or owners of such materials, and return, under their hands
and seals, to the justice who issued the warrant, one copy of their
said valuation, one other copy to the president of the said company,
and one other copy to the owner or owners of the said materials,
if such owner shall reside in the county where the said materials,
may be, and shall not be under any legal disability to receive the
money adjudged, and give sufficient discharge therefor; and the
president and managers shall pay, or secure to be paid, the damages
so adjudged, before they shall proceed to remove the said materials;
and if teh owner or owners of such materials shall reside
out of the county, or be under legal disability, then the president
and managers shall enter into bond, conditioned for teh payment
of teh damages assessed to the person or persons who may
be duly authorised to receive the same, and shall lodge said bond,
and a copy of such valuation, in the office of the clerk of the county
court, to be by him recorded, and upon such bond, or any office 
copy thereof, suit or suits may be instituted against the obligors
therein named, by any person or persons entitled to receive such damages;
and the justice and sheriff shall be entitled to receive the
same fees for services under this act as they are allowed in similar
cases, and the persons summoned as jurymen to value the damages
sustained as aforesaid, shall each receive one dollar for every day
he shall attend for that purpose, which fees and allowance shall be
paid by the president and managers of teh company at whose instance
the persons may have been summoned; and teh said president,
managers and company, and teh persons employed by them,
shall have power to remove the said materials for making the road
aforesaid, from and over any ground not in grain or meadow, on
their paying to the owner or owners of such ground a reasonable
compensation for any injury or damages occasioned by such removal,
to be ascertained by a jury in case the same cannot be obtained
by consent or agreement of the parties.

CHAP. 97.

Also for stone, gravel,
&c.