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compos mentis, or out of the state or county of Washington,
the president of the said company, or any person authorised
by him for that purpose, shall apply to a justice of the
peace of Washington county, which justice of the peace
shall thereupon issue his warrant, directed to the sheriff of
said county, commanding him to summon twelve disinter-
ested persons, qualified to serve as jurors in the county
court of said county, to meet at the place where the said
land may be, and the said sheriff shall qualify the s; id per-
sons by oath or affirmation, (as the case may be,) justly and
impartially to value the damages which may be sustained
by the owner or owners of the land through which the said
road may pass in consequence thereof, and the said persons
shall, after valuing the damages, return a statement in
writing of the valuation so made, and a plat of such land
as they may deem necessary for the use and purposes' of
the said company, certified under their hands and seals to
be a correct statement and plat in conformity to the provi-
sions of this supplement, to the clerk of the county court
of Washington county aforesaid, to be by him recorded, a
copy of which certified under the hand and seal of the office
of the said clerk, shall be evidence of any rights, titles or
interests acquired by the provisions of this supplement,
if the owner or owners of the land so valued shall not
be under legal disability to receive the amount of said
valuation, and give receipt therefor, the president and
managers shall either immediately after said valuation pay
the amount thereof to such owner or owners, or to such
person as may be authorised by him, her or them to receive
the same, or shall pay the same immediately therefor, and
they are not authorised to open said road until the pay-
ment of the same; if application is made by and payment
withheld from such owner or owners or authorised agent,
and if such owner or owners be under any legal disability,
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CHAP. 267.
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then the president and managers shall enter into bond,
conditioned lor the payment of the damages assessed, to
the person or persons who may be duly authorised to re
ceive the same, and shall lodge said bond in the office of
the clerk of the county aforesaid, to be by him recorded,
and upon such bond or office copy thereof, suit or suits
may be instituted against the obligors therein named, by
any person or persons entitled to receive such damage; and
upon the payment of the damages valued as herein before
mentioned, or securing the payment of the same, as provid-
40
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Bond
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