350 CORPORATlONS—KAILROAD. [ART. 23.

chosen at any election shall, so soon thereafter as may be conve-
nient, choose one of their number 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.

1876, ch. 242, sec. 11.

167. 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 of said roads, or any of their works, for the purchase
and use and occupation or diversion of the same; and if they can-
not agree, or if the owner or owners or 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 ont 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 company 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 inhabitants 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 warrant, not less than ten nor more than
twenty days after issuing the same; and if at said time and place
any of the said jnrors summoned 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 agent, refuse to strike, the sheriff for him,
her, it or them, may strike off four 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 impartiaily value the
damages which the owner or owners will sustain by the use and