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CHAP. 189.
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rested, to meet on the land to be valued, at a day to be ex-
pressed in the warrant, not less than ten nor more than
twenty days thereafter, and the sheriff, upon receiving the
said warrant, shall forthwith summon the said jury, and
when met, shall administer an oath or affirmation, to every
juryman who shall appear, not being less than twelve in
number, that he will faithfully, justly and impartially, value
the land, and all damages the owner shall sustain by cutting
the canal through such land, or the partial or temporary ap-
propriation, use or occupation, of such land, according to
the best of his skill and judgment, and that in such valua-
tion he will not spare any person for favour or affection,
nor any person grieve through malice, hatred or ill-will;
and the inquisition thereupon taken shall be signed by
the sheriff, and some twelve or more of the jury, and
returned by the sheriff to the clerk of his county, and un-
less good cause be shown against said inquisition, it shall
be affirmed by the court, and recorded, but if the said in-
quisition should be set aside, or if, from any cause, no in-
quisition shall be returned to such court within a reasonable
time, the said court may, at its discretion, as often as it may
be necessary, direct another inquisition to be taken in the
manner above prescribed; and upon every such valuation,
the jury is hereby directed to describe and ascertain the
bounds of the land by them valued, and the quality and du-
ration of the interest and estate in the same required by
the said company for its use, and their valuation shall be
conclusive on all persons, and shall be paid for by the pre-
sident and directors to the owners of the land or his legal
representatives, and on payment thereof the said company
shall be seized of such land as of an absolute estate in per-
petuity, or with such less quantity and duration of interest
and estate in the same, or subject to such partial or tempo-
rary appropriation, use or occupation, as shall be requir-
ed and described as aforesaid, as if conveyed by the
said canal, or any of the works thereof, locks, dams,
ponds, feeders, tunnels, aqueducts, culverts, bridges, or
works of any other description whatsoever, appertcnant
thereto, it shall be necessary to use earth, timber, gravel or
stone, or any other material lu be found on any of the lands
adjacent or near thereto, and the said president and direc-
tors, or their agent, cannot procure the same for the works
aforesaid by private contract of the proprietor or owner on
reasonable terms, or in case the owner should be a feme co-
vert or non compos mentis, under age, or out of the county
or state, the same proceedings in all respects shall be had as
iu the case before mentioned of assessment and condemnation
of land required for the canal, or the works appertenant
thereto.
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