President and
directors may
agree with
owners of
lands which
may be wanted.
In case of disagreement,
sheriff to summon
jury of
inquest.
Oath.
Inquisition to
be returned to
clerk of Circuit
court,
and by him
recorded.
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SEC. 7. And
be it enacted, That it shall be lawful
for said president and directors, or a majority of them
to agree with the owner or owners of any land on
which it is intended to construct said road, or other
works, appurtenant to said road for the purchase thereof,
and in case of disagreement or in case the owner or
owners thereof shall be a feme covert, under age or
out of the county, on application to a justice of the
peace of the county in which such lands lies, the said
justice of the peace shall issue his warrant under his
hand, to the sheriff of the county to summon a jury of
eighteen inhabitants of his county, not related to the
owner or owners of said land, nor in any manner interested
to meet on said land at a day to be expressed
in the warrant not less than ten or more than twenty
days thereafter, and the sheriff on receiving said warrant,
shall forthwith summon said jury, and when met
shall administer an oath or affirmation as the case may
be to every jury man who shall appear, being not less
than twelve in number, that he will faithfully, justly
and impartially value the land required by the company,
and assess the damages the owner thereof will
sustain by making the road through such land or the
partial or temporary occupation or use of such lands,
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 from malice or
ill-will; and the inquisition thereupon taken shall be
signed by the sheriff and said jury, and be returned by
the sheriff to the clerk of his county to be by him recorded,
and upon every such valuation the jury is hereby
directed to describe the bounds of the land by them
valued, and the nature of the estate acquired by the
company in the same, and shall be paid for by the
president and directors to the owners of the land or his
or her legal representatives, and on payment thereof or
deposite of the same in either of the banks of Allegany
county under the order of the circuit court for the
county in which said land may lie, to the credit of the
person or persons entitled thereto, the said company
shall be seized of such lands as of an absolute estate in
perpetuity, or with such less quantity and duration of
interest or estate in the same or subject to such partial
or temporary estate or appropriation, use or occupation
as shall be required and described as aforesaid, as if
conveyed by the owner or owners to them, and whenever
in the construction of said road or of any of the
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