earth, timber, gravel or other materials,
or any improvements,
for the construction or repair 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 be, when such land or materials
may be needed, on application to a justice of the peace
of such county, he shall issue his warrant, under his
hand and seal, to the sheriff of said county, requiring
him to summon a jury of twenty inhabitants of said
county, not related nor in anywise interested in the premises,
to meet on the land or near the other property or
materials to be valued, on a day to be specified in said
warrant, not less than ten nor more than twenty days
after issuing the same; and if at such time and place
in case any of the jurors summoned 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, its, his, her or their agent, 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
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 lands and materials will sustain by the
use or occupation of the same, required by the company;
if required by the party or 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
the damages to that adjoining; and they shall reduce
the testimony, if any is taken by them, to writing, and
after the testimony is closed in each case, and without
any unnecessary delay, and before proceeding to the
examination of any other claim, they shall ascertain
and determine the compensation which ought justly to
be made by the said company to the party or parties
owning or interested in the real estate appraised by
them; and said company shall give written notice to all
persons, whose interests are to be effected by the condemnation
of any lands, of the time and place of holding
the inquisition, at least ten days prior to the holding
of such inquisition; and the said jury shall reduce their
inquisition to writing, and shall sign and seal the same,
and it shall then be returned by the said sheriff to the
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In case of
disagreement,
sheriff to summon
jury of
inquest.
Oath.
Witnesses
may be summoned.
Testimony to
be reduced to
writing.
Inquisition to
be recorded
by clerk of
Circuit court.
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