LLOYD LOWNDES, ESQUIRE, GOVERNOR.

the said road, or any of its branches or any of its works, and
may make and construct all such works whatsoever which may
be necessary or expedient, in order to the proper completion and
maintenance of the said road or of any of its branches, and to
the proper, convenient and economical use thereon of steam,
electricity or such other motive power or powers as the presi-
dent and board of directors may from time to time deem expe-
dient, and they may make or cause to be made lateral railways
in any direction whatever from the said railroad, and for the
construction, working, use, repair and maintenance thereof;
and shall have and use all the rights and powers hereby given
in order to the construction, working, use, repair and mainten-
ance of the said principal railroad; and may also employ and
own steamboats or other vessels to connect said railroad or rail-
roads with other points by water communications; provided,
nothing contained herein shall be construed to authorize said
company to take private property for its use, without the com-
pensation agreed upon by the company and the owners thereof;
or awarded by a jury as hereinafter provided, being first paid
or tendered to the party or parties entitled to receive such
compensation.

463

SEC. 10. The said president and directors and their agent or
agents authorized by them may agree with the owner or owners
of any lands, earth, gravel, stone, timber, ways, streams or
materials or any improvements or other property of any kind
or description, which may be wanted for the proper construc-
tion or repair of any of their works, for the purchase or use
and occupancy of the same or for the diversion thereof, as the
case may be; and if they cannot agree, or if the owner or
owners or any of them be an infant, feme covert, non compos
mentis, or out of the county or city where such property
wanted may lie, when such property may be wanted, or for
any other cause incapable of contracting, or if for any other
cause the said company be unable to obtain or find it conven-
ient to obtain by contract or agreement, any of such property,
so required, or the use and occupation of the same, application

May purchase
land, etc.

may be made by the said company to any justice of the peace
of such county or city, as the case may be, who shall there-
upon issue his warrant, under his hand and seal, to the sheriff
of the county or city, as the case may be, requiring him to
summon a jury of twenty of the inhabitants of said county or
city, above the age of twenty-one years, not related to the
parties, nor in anywise interested, to meet on the lands or near
the materials or other property wanted on a day named in said

Power of con
damnation.