CHAP. 96.

President and managers
may agree
for stone, &c. or
in case of disagreement
have a jury
summoned to assess
damages.

    11.  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 of the
said turnpike road, the president and managers of the said company,
or a majority of them, or any person authorised by them, may
agree with the 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 said land, and in case
of disagreement, or in case the owner should be  a feme-covert, 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 the 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 discharges
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 the owner or owners of
such materials shall reside out of the county, or be under any legal
disability, then the president and managers shall enter into bond,
conditioned for the payment of the 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 allowances shall be paid by the president and managers
of the company at whose instance the persons may have been
summoned.