ART. 23] RAILROAD COMPANIES. 119

under this article or under any other article of the insurance
laws; provided further, that certificates issued by the Improved
and Independent Orders of B'nai B'rith may be made payable to
charitable institutions as now provided in its by-laws.

Railroad Companies.

1896, ch. 151.

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 improvements which may be wanted for the proper con-
struction 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 cannot agree, or if the owner or owners or any of
them be an infant, feme covert, who is not possessed of the prop-
erty 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 con-
tracting, 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 par-
ties, 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
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 impartially value the damages which the owner