GEORGE HOWARD, ESQ. GOVERNOR.

1831.

they may build bridges, fix scales and weights, may lay
rails, may take and use any earth, timber, gravel, stone or
other materials which may be wanted for the construction
or repair of any part of said road, or any of its works; and
may make and construct all works whatsoever, which may
be deemed by them necessary or expedient, in order to the
proper completion of the said rail road.

CHAP. 168.

Sec. 16. And be it enacted, That the president and di-
rectors of said company, or any person or persons authoris-
ed by them, may agree with the owners or owner of any
land, earth, timber, gravel or stone, or other materials, or
any improvements which may be wanted for the construc-
tion or repair of any of said roads, or any of its works, for
the purchase, or use and occupation of the same, and if they
cannot agree, or if the owner or owners, or any of them, be
a feme coverte, under age, non-compusmentis,or out of the
county in which the property wanted may lie, when such
land and material may be wanted, application may be made
to any justice of the peace of the county, who shall there-
upon issue his warrant under hand and seal, directed to the

Method of obtain-
ing land materials

&c.

sheriff of the county, requiring him to summon twenty in-
habitants of said county, not related, or in anywise interest-
ed in the premises, to meet on the land or near to the [other]
property or materials to be valued on a day named in the
same warrant, not less than ten, nor more than twenty days
after issuing of the same, and if at such time and place any of
said jurors summoned shall not attend,the said sheriff shall im-
mediately summon as many jurors as may be necessary with
the jurrors in attendance, to furnish a pannell of twenty ju-
rors in attendance, and from them, each party, his, her, or their
agents, or if either be not present in person or by agent, or
being present, either party shall refuse to strike, the sheriff
for him, her, or their, or them, may strike out four jurors,
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 will sustain by the

Jury of inquest.

use and occupation of the same, required by the company;
and the jury in estimating such damages shall take into the
estimate, the benefits resulting to the said owner or owners
from conducting such rail road through, along, or near to
the property of said owner or owners, but only in extin-
guishment of the claim for damages; and the said jury shall
reduce their inquisition to writing, and shall sign and seal the

Rule of estimating
damages,

same; and it shall then be returned by said sheriff to the
clerk of Allegany county court, and by such clerk filed in

Make returns,