THOMAS W. VEAZEY, ESQUIRE, GOVERNOR.

1835.

or may be sufficient to discharge his default, and the

CHAP. 328.

purchaser thereof shall hold the said stock subject to

the same regulations, and with the same rights, as if

they had been originally subscribed for by him.

SEC. 8. And be it enacted. That the president and di-

May contract for

rectors of said company may agree with the owner or

lands for R. Road

owners of any land, or any interest in the same, or of

any earth, timber, or stone which may be wanted for

the construction or repair of the rail road or roads

hereby authorised to be made; and if they cannot agree,

In case of disagree-

or if such owner or owner be a femine coverte, non

ment made pro- ceeding

compos mentis, under the age of twenty-one years, out

of the State or County, or unknown, then on applica-

tion of the said president and directors, or their agent,

to any justice of the peace of Allegany county, the said

justice shall issue his warrant under his hand and seal,

to the sheriff of the said county, to summon a jury of

eighteen inhabitants of said county, not related to the

parties, nor interested in the property to be valued, to

meet on or near the property so to be valued, at a day

named in the warrant, not less than ten, nor more than

twenty days after the issuing of the same; and the said

sheriff shall on its receipt summon the said jury ac-

cordingly; and when the jury meets, or twelve or more

Jury to value

attend, shall qualify all attending as jurors, by admi-

nistering to them before they act as such, an oath or

Oath

affirmation, as the case maybe, that they will justly

and impartially value the damages which such owner

or owners will sustain by the taking of the property

required by the company; and if at least twelve do not

attend, the sheriff shall immediately summon as many

more as may be necessary to make up that number,

and shall then qualify the jury in manner as aforesaid;

and the said jury in estimating said damages, shall con-

Mode of estimating

sider the benefit which will accrue or has accrued to

damages

such owner or owners, from the construction of the

rail road, for which the property to be valued is want-

ed, and to make the proper allowance for such benefit

in their verdict, and the inquisition thereupon taken,

shall be signed by the sheriff and at least twelve of the

jury, and returned by the sheriff to the office of the

clerk of Allegany county court, and unless good cause

be shewn against it, the said inquisition shall be affirm-