E. LOUIS LOWE, ESQUIRE, GOVERNOR.
85
and open books of subscription for that purpose,
may in their opinion become necessary; Provided,
the same shall at no time exceed thirty-thousand shares
over and above the estimated value of lands of the company,
and the shares of the said company shall be
deemed and held to be personal property, and assignable
on the books of the company or transferred in such
manner as the by-laws may direct; And provided further,
that the lands held by the said company in payment
for subscriptions or by purchase as aforesaid, shall
at no time exceed sixty thousand acres, all lying and
being in Allegany county.
|
Provisoes.
|
SEC. 4. And be it enacted,
That the said company
shall have the right and power to lay out, construct
and keep in repair such railway or railways, as they
may deem expedient for the purposes of this corporation
within the limits of Allegany county, and may
construct and keep in repair any railway or railways
required to connect their land, mills, mines and manufactories
with the Baltimore and Ohio rail road; and the
said company 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 their
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 in the 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 or 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 will
sustain by the use and occupation of the same required
by the 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
|
Power to construct
railway.
Right to summon
jury of
inquest.
Oath.
Witnesses
may be summoned.
|
|
 |
