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Method of obtain-
ing land and ma-
terials.
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Sec. 9. And be it enacted, That the President and Direc-
tors of said company or a majority of them, or their agents
may agree with the owner or owners of any land, earth,
timber, gravel, stone or other materials,or any improvements,
for the construction or repair of said road or its works, for
the purchase or use and occupation of the same, and in case
they cannot agree, or if the owner or owners or any of
them be a feme covert, under age, non compos mentis, or
out of the county in which the property wanted may lie,
when such land or materials may be needed, on application
to a justice of the peace of such county, he shall issue his
warrant under his hand and seal, directed to the sheriff of
said county, requiring him to summon a jury of twenty in-
habitants of said county, to meet on the land to be valued
on a day specified in said warrant, not less than five, nor
more than ten days alter issuing the same, and in case any
of the jurors aforesaid, do not attend, the said sheriff shall
instanter summon as many jurors as may be necessary with
the jurors in attendance to furnish a pannel of twenty ju-
rors in attendance, and from them each party, his, her or
their agent, and if either 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 said
sheriff shall administer 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 oi said land will
sustain by the use or occupation of the same, required by
the company, and the jury in estimating such damages shall
take into the estimate, the benefit resulting to the said
owner or owners from conducting such Rail road through,
or along the property of the said owner or owners, but on-
ly in extinguishment of the claim of damages, and the said
jury shall reduce their inquisition to writing, and shall sign
and seal the same, and it shall then be returned by said
sheriff to the clerk of his county, and by such clerk filed
in his court, and shall be confirmed by said court, at its next
session, if no sufficient cause to the contraty be shewn, and
when confirmed shall be recorded by said clerk at the ex-
pense of the said company, but if set aside the said court
may direct another inquisition to take place in the mode be-
fore prescribed, and such inquisition shall describe the pro-
perty taken, or the bounds of the land condemned, and the
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