JAS. BLACK GROOME, ESQUIRE, GOVERNOR

79

Delaware Bay Railroad Company, or their authorized

agent or agents may agree with the owner or owners

of any lands, earth, gravel, timber or other materials,

or any improvements for the construction or repair

of the said road, or any branches of the said road, or

for its depots, stations or works, and for the purchase

or use and occupation of the same; and in case they

cannot agree ; or if the owner or owners of any of

the said lands or property, be a feme covert, minor

Disagreement.

or non compos mentis or out of the State, on application

to a justice of the peace, of the county wherein said

lands or property lie, by the said railroad company.

he shall issue his warrant under his hand and seal

directed to the sheriff of his proper county, requiring

him to summon a jury of twenty inhabitants of the

said county not related, or in anywise interested in

the premises, to meet on the land to be valued, on a

day to be specified in the said warrant, not less than

five nor more than ten days after issuing the same,

and in case any of the jurors aforesaid do not attend,

Duty of the

the sheriff shall immediately summon as many jurors

sheriff

as may be necessary with the jurors in attendance,

to furnish a panel of twenty jurors in attendance,

and from them each party, his, her or their agent,

may strike off four jurors, and if either or both of

the parties be not present in person or by agent, the

sheriff may strike off four jurors for each of the

absent parties, 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

Administer
oath

will justly and impartially value the damages and

benefits which the owner or owners of said lands will

sustain, by the use or occupation of the same, re-

quired by the company; if required by the party or

parties, whose lands are to be affected by their pro-

ceedings, or by the said railroad company, or their

agent or agents, the jury shall cause to be summoned

such witnesses as the parties may require, and shall ex-

amine them on oath or affirmation, to be administered

Summon wit-

by the said sheriff, or the foreman of the jury, in

nesses

relation to the value of the property to be condemned,

and they shall reduce the testimony, if any is taken,

to writing, and after the testimony is closed, and

without any unnecessary delay, and after having made

a fair and just comparison of the advantages and