E. LOUIS LOWE, ESQUIRE, GOVERNOR.
499
the capital stock of said company, as they may deem
expedient and proper, in the name and for the benefit
of said bank to be represented, at all the meetings of
the stockholders of said company, by the president and
directors of said bank, for the time, or by such person
or persons as may be duly authorised by them.
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SEC. 11. And be it enacted,
That the president and
managers of said company, or a majority of them, or
any person or persons authorised by a majority, may
agree with the owner or owners of any land, earth,
gravel, or stone, or other materials which may be wanted
for the construction or repair of said road, for the
use and occupation of the same, and if they cannot
agree, or if the owner or owners thereof shall reside
out of the State, application may be made to any justice
of the peace of Washington county, who shall
thereupon issue his warrant, under hand and seal, directed
to the sheriff of the county, requiring him to summon
a jury of twenty inhabitants of said county, not in any
wise interested, to meet on the land, or near the 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 said time
and place, twelve do not attend, the said sheriff shall
immediately summon as many jurors as may be necessary
with the jurors in attendance, to furnish a
panel of twenty jurors, and from them, each party,
his, its, her, or their agents, or the sheriff for him,
her, or them, may strike off four jurors, and the
remaining twelve shall act as the jury of inquest
of damages; and before they so act, the sheriff shall
administer an oath or affirmation, as the case may be,
that he will impartially value the damages which the
owner or owners of the land or materials will sustain
by the occupation of the same, required by the company;
and the said jury shall reduce their inquisition
to writing, describing the bounds of the land condemned,
and shall sign and seal the same, and through the
sheriff return the same to the clerk of the circuit court
of Washington county, and by the said clerk filed in his
court, and unless set aside by the court at its next session,
shall be recorded by the said clerk, and shall entitle
the said company, to the estate and interest of the
property thus valued as fully as if it had been conveyed
by the owner or owners of the same; Provided,
however, the said company shall have paid or tendered
the valuation of the damages assessed by the said jury
to the owner or owners thereof, or his, her, its or their
legal representative.
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President and
manages may
agree with
owners of
land, &c.
In case of
disagreement,
sheriff to summon
jury of
inquest.
Oath.
Inquisition to
be reduced to
writing and be
recorded by
clerk of Circuit
court.
Proviso.
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