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said, the said president and directors may elect, instead
of the forfeiture aforesaid, to proceed against such sub-
scriber in order to compel such payment, and for that
purpose may prosecute such actions at law or equity as
are authorised for the recovery of claims of like amount
and of similar character by individual citizens.
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CHAP. 332.
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SEC. S. And be it enacted, That said president and
directors or their agent or agents to be specially ap-
pointed for that purpose, may agree with the owners or
proprieters of such land as said road may pass over, or
with the owners or proprietors of such materials as may
be necessary for constructing said road or its bridges or
culverts, for the purchase of the same, and in case such
purchases cannot be so made by agreement, or in case
such owner or owners shall be feme covert, under age
or non compos mentis, or out of the State or county of
Allegany, on application by the president of said corpo-
ration to any one justice of the peace of the county
where such land or materials may be, the said justice
shall issue his warrant under his hand to the sheriff of
said county, commissioning him to summon twelve men
of lawful age, inhabitants of said county, not related to
the said owner, nor in any manner interested, to meet on
the land to be valued or where the materials may lie,
as the case may be, at a day to be expressed in said
warrant, of which day and place of meeting five days
notice at least shall be given by said sheriff to said
owner and to said president or left at the last place of
their abodes respectively, and if said owner be an in-
fant and have a guardian as aforesaid, and if said owner
be a non-resident of said county, the sheriff shall give
to him notice of said time and place by a publication in
a newspaper published in Cumberland for at least three
weeks before he shall assemble the jury hereinafter
named, and the sheriff on receiving said warrant shall
summon said jury, and when met shall administer an
oath or affirmation to every juryman, who shall swear
or affirm as the case may require, that he will justly,
faithfully and impartially value the lands or the materials,
as the case may be, regard being had to all circum-
stances of convenience, benefit or advantage said owner
may enjoy or derive from the location and improvement
of said road, according to the best of his skill and judg-
ment, and the inquisition thereupon taken shall be sign-
ed by said sheriff and at least seven of said jurors,
and shall be conclusive between the parties, unless they
take an appeal thereon in thirty days to the county
court of Allegany, whose decision shall be final, and the
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Inquisition—
how when and
under what cir-
cumstances to
be held.
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