Authority
to
construct rail
road.
May agree
with owners
of lands which
may be wanted.
In case of disagreement,
sheriff to summon
jury of
inquest.
Jury to reduce
inquisition
to writing
and to be
filed by clerk
of Circuit
court.
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SEC. 6. And be it enacted,
That the said corporation
be, and it is hereby authorised to construct a rail road
or rail roads from any part of its own lands to connect
with any other rail road or rail roads in Allegany county
or the Chesapeake and Ohio canal, or other improvement
on the Potomac river, so as thereby to secure the
facilities of transporting the produce of its mines and
manufactures to market: and for this purpose may
agree with the owner or owners of any land, earth,
quarry, timber, gravel, stone or other materials or any
improvements, which may be wanted fro the construction
or repairs of said roads or any of their works, for
the purchase or use and occupation of the same; and if
they cannot agree, or if the owner or owners or any of
them be a feme covert, under age or non compos mentis
or out of the county in which the property, other
than quarries and warehouses, wanted may lie, when
the me shall be wanted, application may be made to
any justice of the peace of sid 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 in anywise interested, to meet on the land or near
the property or materials, as before described, to
be valued, on a day named in said warrant, not less
than ten nor more than twenty days after issuing the
same, and if at the said time and place any of said
jurors 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 in attendance; and from them each party
or its, her or their agents, if either be not present in
person or by agent, the sheriff for him, her or them
may strike off four jurors, and the remaining twelve
shall act as a jury of inquest of damages, and before
they act as such, the 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 will sustain by the use or
occupation of the same required by the said company,
and the jury shall reduce their inquisition to writing, and
shall sign and seal the same, and it shall then be returned
by said sheriff to the clerk of the circuit court for Allegany
county, and by said clerk filed in his court, and
shall be confirmed by said court at its next session,
if no sufficient cause to the contrary be shewn, and
when confirmed, shall be recorded by said clerk at
the expense of said company, or owner or owners of
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