ART. 41. ] RAILROAD COMPANIES.

nually held for directors, at such time and place as the stockholders
at their first meeting shall determine, or as the by-laws of the corpo-
ration may require, and the directors chosen at any election shall,
so soon thereafter as may be convenient, choose one of their number

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to be president, and shall each take an oath or affirmation faithfully
to discharge his duties, and they shall, from time to time, make such
dividends of the profits of said company as they may think proper.

President
chosen

10. The said president and directors, or their agent or agents,
authorized by them, may agree with the owner or owners of any
land, earth, gravel, stone, timber, streams, or materials, or any im-
provements which may be wanted for the proper construction or
repair of any said roads, or any of their works, for the purchase, and
use, and occupation, or diversion of the same; and if they cannot

Id s 11.

Purchase of
land, improve-
ments, etc

agree, or if the owner or owners of any of them be an infant, feme
covert, who is not possessed of the property to her sole and separate
use, or authorized to contract in reference to the same, non compos
mentis, or out of the county, where such property wanted may lie,
when such property may be wanted, or for any other cause be legally
incapable of contracting, application may be made by the said com-

Owner unwil-
ling or unable
to sell, etc.

pany to any justice of the peace of such county, who shall thereupon
issue his warrant, under his hand and seal, to the sheriff of the
county, requiring him to summon a jury of twenty of the inhabi-
tants of said county, above the age of twenty-one years, and qualified
to act as jurors under the laws of this State, not related to the
parties, nor in anywise interested, to meet on the lands, or near the
materials, or other property wanted, on a day named in said war-
rant, not less than ten nor more than twenty days after issuing the
same; and if at said time and place, any of the said jurors sum-
moned do not attend, the sheriff shall immediately summon as many
persons similarly qualified as together with those in attendance shall
make up twenty, and from the panel, each party, his, her, its, or
their agent or attorney; or if either party be not present in person
or by agent, or being present in person or by agent, refuse to strike,
the sheriff for him, her, it, or them, may strike off eight persons, and
the remaining twelve shall act as the jury of the inquest of damages,
and to each, before he acts as such juror, the sheriff shall administer
an oath or affirmation that he will justly and impartially value the
damages which the owner or owners will sustain by the use and oc-
cupation of the property required by the said company, and the said
jury shall reduce their inquisition to writing, and sign and seal the
same, and it shall then be returned by the sheriff to the clerk of the
Circuit Court for his county, and be filed by said clerk in his office,
and shall be confirmed by said court at its next term or session, if
no sufficient cause to the contrary be shown, and when confirmed,
shall be recorded by said clerk at the expense of the company, but
if the same be set aside, the said court shall direct another inquisi-
tion to be taken, in the manner above described, and in case the
second, or any other inquisition which is confirmed by the court,

Condemnation
proceedings