WILLIAM T. HAMILTON, ESQUIRE. GOVERNOR. 701

	their agents, may agree with the owner or owners	May agree
	of any lands, earth, timber, gravel or other material,	with land
	or any improvement necessary for the construction	owners.
	or repair of any part of said road, or its works, for
	the purchase or use or occupation of the same ; and
	in case they cannot agree, or if the owner or owners,
	or any of them, be a feme covert, minor or non
	compos mentis, or out of the county in which the
	property wanted may lie, or where such land or
	material may be needed, on application to a justice of
	the peace of such county, he shall issue his warrant,
	under his hand and seal, directed to the sheriff of
	said county, requiring him to summon a jury of	Sheriff to
	twenty inhabitants of said county, not related to	summon jury
	the owners, nor in any wise interested in the prem-
	ises, to meet on the land to be valued on a day to be
	specified in said warrant, not less than ten nor more
	than thirty days after issuing the same, and in case
	any of the jurors aforesaid do not attend, he, the said
	sheriff, shall instanter summon as many jurors as
	may be necessary, with the jurors in attendance, to
	furnish a panel of twenty jurors in attendance, and
	from such panel each party, his, her or their agent,
	or attorney, may strike four persons; and if either be
	not present in person or by agent or attorney, or
	being so present shall refuse to strike as aforesaid,
	the sheriff may strike off four jurors for such absent
	or refusing parties, and the remaining twelve of such
	panel shall act as the jury of inquest of damages ;
	and before they act as such the sheriff shall admin-	Administer
	ister to each of them an oath or affirmation, as the	oath or affir-
	case may be, that he will justly and impartially value	mation
	the damages and benefits which the owner or owners
	of said land will sustain by the use or occupation of
	the same required by the said railway company ; and
	if required by the party or parties whose lands are
	to be affected by the proceedings, or by the said rail-
	way company, or their agent or agents, the jury
	shall cause to be summoned by the sheriff such wit-
	nesses as the parties may require, and shall examine
	them on oath or affirmation, to be administered by the
	sheriff, in relation to the value of the property to be
	condemned ; and after the testimony is closed, and
	without unnecessary delay, and after having made a
	fair and just comparison of the advantages and dis-
	advantages arising from the said railway, they shall