372 CORPORATIONS—TELEGRAPH. [ART. 23.

bridges or waters within the limits of this State, by the erection
of the necessary fixtures, including posts, piers or abutments for
sustaining the cords or wires of such lines, without their being;
deemed a public nuisance, or subject to be abated by any private
party; provided, the same shall not be so constructed as to in-
commode injuriously the public use of said postal roads or postal
routes, roads, highways and bridges, or injuriously interrupt the
navigation of said waters, or interfere with the convenience of
any land owner more than is unavoidable; and this section shall
not be so construed as to authorize the construction of any bridge
across any of the navigable waters of this State; but the said
corporation shall be responsible for any damages which any
person or corporation may sustain by the erection, continuance
and use of such fixtures; and in any action brought for the
recovery thereof by the owner or possessor of any lands, the
damages to be awarded may, at the election of such corporation,
include the damages for allowing the said fixtures permanently to
continue; on payment of which damages, the right of the corpo-
ration to continue such fixtures shall be confirmed, as if granted
by the parties to the suit; provided, that no person or body
politic shall be entitled to sue for or recover damages as afore-
said, until the said corporation, after due notice, shall have failed,
or refused to remove, in reasonable time, the fixtures complained
of; or the president and directors of the said company may apply
to a justice of the peace of the county or city where such lands,
are, and such justice shall thereupon issue his warrant, directed
to the sheriff of said county or city, commanding him to summon
twelve disinterested persons, qualified to serve as jurors, to meet
at the proper place, as directed by the said justice; and the sheriff:
shall qualify the said persons, by oath or affirmation, faithfully
to perform the duties required of them by the next succeeding;
section.

1868, ch. 471, sec. 130.

225. The said jury shall make a just and equitable appraise
ment of all the loss or damage that may be sustained by any
person or corporation, on or over whose lands or bridges said
posts, piers or abutments are intended to be placed, and shall
make a true return and inquisition thereof, in writing, under
their hands and seals.