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SEC. 10. And be it enacted, That the president and
managers of said company may agree with the owners
of land for the purchase of land required for said road,
also for the purchase of stone, gravel, earth and sand
for said road, and in all cases where they are unable to
agree with the owners or the owner should he or she
be a feme covert or non compos mentis or under age,
the said president may apply to a justice of either of
the counties aforesaid in which the land may lie, which
justice shall thereupon issue his warrant to the sheriff
of the county as the case may be commanding him to
summon twenty disinterested persons qualified to act as
jurors in the county court to meet upon the land, after
four ate stricken off the pannel by the president or bis
agent and four by the persons interested, or in his, her
or their absence or refusal, by the said sheriff, the said
sheriff shall qualify the twelve remaining persons, either
by oath or affirmation as the case may be, justly, truly
and impartially to value the damages which may be
sustained by the owner or owners of such material or
land required by such company, and the said jurors alter
valueing said damages return the same under their
hands and seals to the clerk of Frederick or Washing-
ton county court, as the case may be, to be by him re-
corded, and said damages shall be paid by the company
into the hands of the sheriff of the respective county
for the persons mentioned in said return respectively
before the said company shall proceed to remove said
materials or to use the said lands or said road, and the
justice, sheriff and clerk of cither county, as the case
may be, shall be entitled to receive the same lees for
services under this act as they are allowed in similar
cases, and the persons summoned as jurors shall each
receive one dollar per day during their attendance, which
fees and allowance shall be paid by said company, and
the said company or their agents shall have power to
remove said materials across any land not in meadow or
grain, upon paying a reasonable compensation to the
owner or owners for any injury or damages, to be
ascertained by a jury as above, in case it cannot be
obtained by agreement.
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CHAP. 313.
Inquisition—
how, when and
under what
circumstances
to be held.
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SEC. 11. And be it enacted, That the said com-
pany shall cause the said road to be laid out and open-
ed, which said road shall not be less than thirty-eight
nor more than fifty feet in width, and shall cause sixteen
feet or more thereof to be made an artificial road of
stone or gravel upon the plan, style, depth and level of
the Frederick and Emmittsburg Turnpike Road, as
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How road is
made.
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