ART. 26.] CORPORATIONS.

legally conveyed by the owner or owners of the same,
and the valuation, if not received when tendered, may
at any time thereafter, be received without costs from
said company, by the owner or owners, his, her or their
legal representatives ; and the sheriff shall keep the
said jury together for a reasonable time, until they
shall agree upon and sign and seal the said inquisition ;

41

and in case it shall so happen that the jury cannot
agree, after being kept together as aforesaid, the sheriff
may in his discretion, discharge the said jury, and with-
out any further warrant from a justice of the peace,
shall, within five days thereafter, summon another jury
of twenty inhabitants, as aforesaid, not upon the former
jury, and the same proceedings shall be had in all re-
spects, as hereinbefore provided; and in case of a
second or other disagreement of the jury, the same pro-
ceedings shall be had until a verdict or inquisition shall
be made and returned as aforesaid.

If jury fail to
agree, sheriff to
summon new
jury.

232. Whenever any railroad company heretofore in-
corporated, or which may hereafter be incorporated,
shall find it necessary for the purpose of avoiding
annoyance to public travel, or dangerous or difficult
curves or grades, or unsafe or unsubstantial grounds
or foundations, or for other reasonable causes, to

Ibid. s. 11.

change the location or grade of any portion of their
road, whether heretofore made or hereafter to be
made, such railroad companies shall be, and are
hereby authorized to make such changes of grade
and location, not departing from the general route
prescribed in the certificate of such company; and
for the purpose of making any such change in the
location and grades of any such road, as aforesaid,
such company shall have all the rights, powers and
privileges to enter upon and take and appropriate
such lands, and make surveys necessary to effect such
changes and grades upon the same terms, and be
subject to the same obligations, rules and regulations
as are prescribed by law, and shall also be liable, in

May change
road, not de-
parting from
general route.

damages, when any have been caused by such change,
to the owner or owners of the land upon which such

Damages.