EDWIN WARFIELD, ESQ., GOVERNOR.

827

be operated to produce freight for said company, or if such

property belongs to an incorporated company they can pur-

chase the stock of such companies; that the said company

may operate or produce either in its own name, other corporate

names or private individuals, and if deemed advisable may like-

wise operate the same for the benefit of producing freight

for said railroad company, or if deemed advisable the board
of directors may lease, purchase or consolidate with any freight

Consent of the
majority.

producing property by the consent of the majority (in value)

of the stockholders.

SEC. 14. And be it enacted, That the president and directors

of said company, or a majority of them, or any person or

Land, timber,

persons authorized by a majority of them, may agree with the

gravel, etc.

owner or owners of any land, earth, timber, gravel, stone, or

any materials, or any improvements which may be wanted for

the construction or repair of said railroad and its branches,

or for water power, storage, rights, ways, not less than sixty

feet in width at grade, or any of its works, for the purchase or

use and occupation of same, and if they cannot agree, or if the

owner or owners, or any of them be femme covert, under age,

non compos mentis, or out of county in which the property

wanted may be, when such lands or materials shall be wanted

applications may be made to any justice of the peace of such

county, who shall thereupon issue his warrant under his hand

and seal, direct to the sheriff of said county, requiring him

to summons a jury of twenty inhabitants of said county, not

related nor in anywise interested, to meet on the land, or near

to the property or other materials to be valued on a day in

said warrant, not less than ten or more than twenty days after

the issuing of the same, and if at said time and place any of

said jurors summoned do not attend, the said sheriff shall

immediately summon as many jurors that may be necessary,

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 agents; if either be not present in person or by

agent, the sheriff for it, him, her or them, may strike off four

Jury of dam-

jurors and the remaining twelve shall act as a jury of inquest

age.

of damages; and before they act as such, the sheriff shall ad-

minister 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 will sustain by the use and occupa-

tion of the same required by the company, and the jury in esti-

mating such damages shall take into the estimate the benefit

resulting to the owner or owners from conducting such railroad

or its branches through, along or near to the property of said