T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

and construct all works whatsoever, necessary or
expedient, in order to the proper completion of said
road.

CHAP. 96.

SEC. 10. And be it enacted. That the president
and directors of said company or a majority of them
or their agents may agree with the owner or own-
ers of any land, earth, timber, gravel or other ma-
terial or any improvements for the construction or
repair of said road or its works for the purchase or

May agree
with owners
of land, &c.,
for the con-
struction and
repair of road.

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 lie, when such land or material 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 requir-
ing him to summon a jury of twenty inhabitants
of said county, not related nor in any wise inter-
ested 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 sher-
iff shall summon immediately 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, it, his, her or their agents,
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 interest of damages and before they

In case of
disagreement,
jury to assess
damages.

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 dama-
ges 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 affected
by their proceedings, the jury shall cause to be
summoned such witnesses as the parties may re-
quire, 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 re-
duce the testimony if any is taken by them to writ-
ing and after the testimony is closed in each case
and without any unnecessary delay, and before

Oath.