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constructing any such railroads or train-roads as
herein authorised or in addition thereto, the said
company may purchase, lease, hold and maintain
any other railroad or railroads, train or train-roads
or other roads, or ways, water-courses or channels of
transportation already constructed or hereafter to
be constructed with all the rights, powers and
franchises connected therewith.
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CHAP. 342.
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SEC. 9. And be it enacted, That the company,
in locating and constructing any railroad or rail-
roads, train or tram road, authorised by this act,
shall have the right, if they cannot agree with the
owners of any land, earth, gravel, stone or mate-
rial wanted for the construction or repairs of such
road or roads, for the purchase, use or occupation
of the same; or if the owner or owners, or any of
them, be feme covert, under age, non compos men-
tis, or out of the county, application may be made
to any justice of the peace lor 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 inhabi-
tants of said county, not related to the parties, nor
in any way interested, to meet on the land or near
to the other property or material to be valued, on
a day to be 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
the 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,
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 or 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 impar-
tially value the damages which the owner or own-
ers of said land, earth, gravel, stone or other mate-
rials will sustain by the use or occupation thereof
by said company, and if required by the parties
whose lands are to be affected by their proceedings,
the jury shall cause to be summoned such witnesses
as the party may require, and shall examine them
on oath in relation to the value of the property to
be condemned, and they shall reduce the testi-
mony, if any is taken by them, to writing, and if
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Lands and
materials for
the use of the
company —
how obtained.
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