E. LOUIS LOWE, ESQUIRE, GOVERNOR.
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purchase, lease, hold and maintain any
other rail road
or rail roads, or other roads or ways, water courses or
channel of transportation already constructed or hereafter
to be constructed, with all the rights, powers and
franchises connected therewith, and it shall also be
lawful for said company to own and navigate such
steam and sailing vessels, as it may desire in connection
with its business and to subscribe for and take
stock in any navigation or rail road company which it
may deem expedient.
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SEC. 9. And be it enacted,
That the said company,
in locating and constructing any rail road or rail roads,
authorised by this act, shall have the right, if they
cannot agree with the owners of any land, earth, gravel,
stone or materials, wanted for the construction or repairs
of such road or roads, for the purchase, use or
occupation of the same, or if the owner or owners, or any
of them, be a feme covert, under age, non compos
mentis or out of the county, application may be made
to any justice of the peace for Allegany county, who
shall thereupon issue 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,
not related to the parties, nor in any wise interested,
to meet on the land, or near to other property or
materials to be valued, on a day named in said warrant,
not less than ten nor more than twenty days after the
issuing of the same, and if at the same time and place
any of said jurors should not attend, the sheriff shall immediately
summon as many jurors as may be necessary,
with those in attendance, to furnish a panel of twenty
jurors, and from them, each party, his, her or their
agents, or if either be not present in person or by agent,
the sheriff, for him or them, may strike off four jurors,
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 impartially
value the damages which the owner or owners of said
land, earth, gravel, stone or other materials, will sustain
by the use or occupation thereof, by said company; and
if required by the parties whose lands are to be effected
by their proceedings, the jury shall cause to be summoned
such witnesses as the parties may require, and
shall examine them on oath, in relation to the value
of the property to be condemned, and they shall reduce
the testimony, if any is taken by them, to writing, and
after the testimony is closed in such case, and without
any unnecessary delay, and before proceeding to the
examination of any other claim, they shall ascertain
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Company may
agree with
owners for
land.
Sheriff may
summon jury
of inquest.
Witnesses to
be summoned.
Testimony to
be reduced to
writing.
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