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said materials may be, four of whom may be stricken off
the panel by the said president and directors or their agent,
and four by the person or persons interested, or in his, her
or their absence by the sheriff, and the said sheriff shall
qualify the said twelve remaining persons, either by oath or
affirmation, as the case may be, justly, truly and impar-
tially, to value the damages which may be sustained by the
owner, or owners of such materials required by such com-
pany, and the said persons shall after valuing the damages
which may be sustained by the owner or owners of such
materials, and return under their hands and seals, to the
justice who issued the warrant, one copy of their said valua-
tion, one other copy to the president of the said company,
and one other copy to the owner or owners of the said
materials, if such owner shall reside in the county where
the said materials may be, and shall not bhe under any legal
disability to receive the money adjudged, and give sufficient
discharge therefore; and the president and managers shall
pay, or secure to be paid, the damages so adjudged, before
they shall proceed to remove the said materials, and if the
owner or owners of such materials, shall reside out of the
county, or be under any legal disability, then the president
and managers shall enter into bond conditioned for the pay-
ment of the damages assessed to the person or persons who
may be duly authorised to receive the same, and shall lodge
i»aid bond and a copy of said valuation in the office of the
clerk of the county court, to be by him recorded, and upon
such bond, or any office copy thereof, suit or suits may be
instituted against the obligors therein named, by any person
or persons entitled to receive such damages, and the justice
and sheriff shall be entitled to receive the same Fees For
services under this act, as they are allowed in similar cases,
and the persons summoned as jurymen to value the damages
sustained as aforesaid, shall each receive one dollar For
every day he shall attend for that purpose; which fees and
allowance shall be paid by the president and managers of
the company, at whose instance the persons may have heen
summond, and the said president managers and company,
and all the persons employed by them, shall have power to
remove the said materials for making the road aforesaid,
from and over any ground not in grain or meadow, on their
paying to the owner or owners of such ground a reasonable
compensation for any injury or damages occasioned by such
removal, to be ascertained by a jury, in case the same can-
not be obtained by consent or agreement of the parties.
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CHAP. 158.
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