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CHAP. 231.
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inundation or otherwise, to or on such lands, or the partial
or temporary appropriation, use or occupation of such land,
according to the best of his skill and judgment, and that in
such valuation he will not spare any person for favor or af-
fection, nor any person aggrieve for malice, hatred or ill-
will; and in every such valuation and assessment of damage,
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Valuation by
jury.
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to be by the said jury so fixed, assessed and valued, the
amount of damage to any such owner of lands as aforesaid,
and the inquisition thereupon taken shall be signed by the
sheriff and all of the said jury so sworn, and returned by
the sheriff to the clerk of his county, and unless good
cause be shown against the said inquisition, it shall be af-
firmed by the court and recorded; but if the said inquisition
should be set aside, or if from any cause no inquisition shall
be returned to such court within a reasonable time, the said
court may at its discretion as often as may be necessary, di-
rect another inquisition to be taken in the manner above des-
cribed, and upon every such valuation the jury is hereby
directed to describe and ascertain the bounds of the lands
by them valued, and the quality of duration 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 president and directors to the
owner of the land, or his or her legal representatives; and
on payment thereof, the said company shall be seized of
such land as of an absolute estate in perpetuity, or with
such less quantity and duration of interest or estate in the
name, or subject to such partial or temporary appropriation,
use or occupation as shall be required and described as
aforesaid, as if conveyed by the owner to them, and when-
ever in the construction of the said dam or slack water na-
vigation, or any other works thereof, of bridges, aqueducts,
culverts or works of any other description whatsoever, ap-
purtenant thereto, it shall be necessary to use earth, timber,
gravel or stone or any other material to be found on any of
the lands adjacent or near thereto; and the said president
and directors 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 feme covert, or non compos mentis, or under age, or out
of the State or county, the same proceedings in all respects
shall be had as in the case before mentioned, of the assessment
and condemnation of the land required for the said improve-
ment, by said locks and dams on the works appurtenant
thereto.
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