13. And be it enacted, That it shall
and may be lawful for
the president and directors, or a majority of them to agree
with the owners of any land through or on which it is intended
that the said canal or any of the works thereunto appertaining,
shall pass or be situated, for the purchase or use and occupation
thereof, and in case of disagreement, or in case the owner thereof,
shall be a feme covert, under age, non-compos, or out
of the state or county, on application to a justice of the peace of
the county in which such land shall be, the said justice of the
peace shall issue his warrant under his hand and seal, to the
sheriff of the county, not related to the parties, nor in any manner interested,
to meet on the land to be valued at a day to be expressed
in the warrant, not less than ten, nor more than twenty days
thereafter; and the sheriff upon receiving the said warrant shall
forthwith summon the said jury; and when met, shall administer
an oath or affirmation to every juryman who shall appear,
being not less than twelve in number, that he will faithfully,
justly and impartially value the land and all damages the owner
thereof shall sustain by cutting the canal through such land, or
the use or occupation for the purposes and period necessary, of
such land, according to the best of his skill and judgment, and
that in such valuation, he will not spare any person for favor or
affection, nor any person grieve for malice, hatred or ill will; and
in every such valuation and assessment of damages, the jury
shall be, and they are hereby instructed to consider in determining
and fixing the amount thereof, the actual benefit which will
accrue to the owner, from conducting the said canal through,
or erecting any of the said works upon his land, and to regulate
their verdict thereby, except that no assessment shall require
any such owner to pay or contribute any thing to the said company,
where such benefit shall exceed in the estimate of the
jury, the value and damages ascertained as aforesaid; and the
inquisition thereupon taken, shall be signed by the sheriff and
some twelve or more of the jury, and returned by the sheriff to
the clerk of his county, and unless good cause be shewn against
the said inquisition, it shall be affirmed by the court and recorded;
but if the said inquisition shall be returned to such court within
a reasonable time, the said court may at its discretion as often
as may be necessary, direct another inquisition to be taken in
the manner above prescribed, and upon every such valuation,
the jury is hereby directed to describe and ascertain the
bounds of the land by them valued, and the quantity and duration
of the interest and estate in the same, required by the said
company for its use, and their valuation shall be conclusive
upon all persons, and shall be paid by the said president and |
Method of
obtaining
right to land,
&c. requisite
for canal. |
