GEORGE HOWARD, ESQ. GOVERNOR.

1831

be deemed necessary or expedient, in order to the proper

CHAP.287.

completion of the said rail road.

See. 16. And be it enacted, That the president and direct-

Authority to agree

ors of the said company, or any person or persons authoris-

for land and tene-
ments.

ed by them, may agree with the owner or owners 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, and if the owner or owners of any of them be

Case if failure to

agree

a feme covert, under age, non compos mentis, or out of the

county, in which the property, other than ware houses and

quarries wanted may lie, when the same may be wanted,

application may be made to any justice of the peace of the

county, who shall thereupon issue his warrant under hand

and seal, directed to the sheriff of county, requiring him to

summon a jury of twenty inhabitants of said county, not re-

Jury summoned to

lated, or in any wise interested in the premises, to meet on

value.

the land, or near to the other property, or materials as be-

fore described to be valued, on a day named in the same

Proceedings di-

warrant, not less than ten, nor more than twenty days after

rected.

the issueing of the same: and if at such time and place any

of said jurors summoned shall not attend, the said sheriff

shall immediately summon as many jurors as may be neces-

sary with the jurors in attendance, to furnish a pannell of

twenty jurors in attendance and from them, each party, or

its, her, or their agents, or if either be not present in persot

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

out four jurors, and the remaining twelve shall act as the ju-

ry of inquest of damages, and before they act as such, the

Rule of estimating

said sheriff shall administer to each of them an oath or af

firmation, as the case may be, that he will justly and impar-

tially value the damages which the owner, or owners will

sustain by the 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 own

er, or owners from conducting such rail road through the

property of said owner or owners, but only in extinguish-

ment of the claim for 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

Return required.

his county, and by such clerk tiled in his court, and shall be

confirmed by said court at its next session, if no sufficient

cause to the contrary be shewn; and when Confirmed shall

be recorded by the said clerk, at the expense of the said

Expenses of far
queit defrayed.

company, but if set aside, the said court may direct another

inquisition to be taken in the manner above described, and