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Authority to take,
and method of as-
certaining; and se-
curing compensa-
tion for lands, ma-
trials, &c.
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SEC. 15. And be it enacted, That the president and direc-
tors of said company, or a majority of them, or any person
or persons, authorised by a majority of them, may agree with
the owner or owners of any land, earth, timber, gravel or
stone, or other materials, or any improvements which may be
wanted for the construction or repair of any of said roads, or
any of their works, for the purchase or use and occupation of
the same, and if they cannot agree, and 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 lie, when such land and material may be wanted, appli-
cation may be made to any justice of the peace of such coun-
ty, who shall thereupon issue his warrant, undsr hand and
seal, directed to the sheriff of said county, requiring him to
summon a jury of twenty inhabitants of said county, not re-
lated, nor in any wise interested, to meet on the land, or near
to the other property or materials to be valued on a day nam-
ed in said warrant, not less than ten, nor more than twenty
days after the issuing of the same; and if at said time and
place, any of said jurors, suaimoned, do not attend, the said
sheriff shall immediately summon as many jurors as may be
necessary, with the jurors in attendance, to furnish a pannel
oi twenty jurors in attendance, and from them each party, or
its, his, her, or their agent, if either be not present in person,
or by agent, the sheriff for him, her, it 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 or occupation of the same, required by the company; and
the jury in estimating such damages, shall take into the esti-
mate the benefits resulting to the said owner or owners from.
conducting such rail road through, along, or near to the pro-
perty of said owner or owners, but only in extinguishment of
the claim for damages; and the said jury shall reduce their
inquisition to writing, and shall sign and seal the same, and
it shall then be return? d by said sheriff to the clerk or protho-
notary of his county, as the case may be, and by such clerk or
prothonotary filed in his court, and shall be confirmed by said
court at us next session, if no sufficient cause to the contrary
be shown; and when confirmed, shall be recorded by the said
clerk or prothonotary at the expense of said company; but if
sct aside the said court may direct another inquisition, to be
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