President and
directors may
agree with
owners of
lands which
may be wanted.
In case of
disagreement,
sheriff to summon
jury of
inquest.
Inquisition to
be reduced to
writing and
filed in clerk's
office.
To be confirmed
by
court.
If set aside,
court may direct
another
inquisition.
Witnesses
may be summoned.
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SEC. 11. And be it enacted,
That the president and
directors of said company, or a majority of them or their
agents, may agree with the owner or owners of any
land, earth, timber, gravel or other materials or any
improvements for the construction or repairs of said
road or its works, for the purchase or use and occupation
of the same; and in case they cannot agree, or if
the owner or owners, or any of them, be a feme covert,
under age, non compos mentis or out of the county in
which the property wanted may lie, when such land or
materials may be needed, on application to a justice of
the peace of such county, he shall his warrant
under his hand and seal, directed to the sheriff of said
county, requiring him to summon a jury of twenty
inhabitants of said county to meet on the lands to be
valued, on a day specified in said warrant, not less than
five nor more than ten days after issuing the same, and
in case any of the jurors aforesaid do not attend, the
said sheriff shall instanter summons as many jurors as
may be necessary, with the jurors in attendance, to
furnish a panel of twenty jurors in attendance, and
from them, each, party, his, her or their agents, and if
either be not present in person or by agent, the sheriff
may strike off four jurors for each of the absent parties,
and the remaining twelve shall act as the jury of inquest
of damages, and before they act as such, the said sheriff
shall administer to each of them an oath or affirmation,
as the case may be, that he will justly and impartiallly
value the damages which the owner or owners of said
land, will sustain by the use or occupation of the same,
required by the company; and the said jury shall reduce
their inquistion to writing, shall sign and seal the same,
and it shall then be returned by their said sheriff to the
clerk of his county, and by such clerk filed in his court,
and shall be confirmed by said court at its next session,
if no sufficient cause to the contrary be shown, and
when confirmed, shall be recorded by said clerk, at the
expense of said company, but if set aside, the said court
may direct another inquisition to take place in the mode
before described, and such inquisition shall describe
the property taken or the bounds of land condemned,
and the quantity or duration of the interest in the same
valued for the company, and such valuation when paid
or tendered to the owner or owners of said property, or
his, her or their legal representatives; and if required
by the party or parties whose lands are to be effected
by their proceedings, the jury shall cause to be summoned
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