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part of the said road, that a considerable saving in
expense would arise to the company, that in all such
cases, it shall be lawful to depart from the track of the
road so originally laid down, and improve the less ex-
pensive route; provided also, that where the track of
the original road shall be departed from, the president,
managers and company may agree with the owner of
the land through which the same may pass, for the
purchase of the same, if the owner shall require any
compensation therefor, and in case of disagreement,
or if the owner he a feme covert, or non compos,
or under age, or out of the State, the compensation to
owner or owners, shall be ascertained and paid in the
manner hereinafter provided for ascertaining and pay-
ing for the value of materials for making said road.
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CHAP. 196.
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SEC. 11. And be it enacted. That in all cases where
stone, gravel, earth or sand, not already quarried or dry
for the use of the owner, or for sale, shall be necessary
for making or repairing of the said plank or turnpike
road, the president and managers of the said company,
or a majority of them, or any person authorised by them,
may agree with the owner or owners of said materials
for the purchase of the same, or with said owner or
owners of the land, on which the same may be for the
purchase of said land, and in case of disagreement, or in
case the owner should be a feme covert, or non compos,
or under age, or out of the State or Country, the presi-
dent of the company, or any person authorised by hint
for that purpose, shall apply to a justice of the peace for
the county wherein the said materials may be, which
justice shall thereupon issue his warrant, directed to the
sheriff of the county, commanding him to summon
twenty disinterested persons, qualified to serve as jurors
in the county court, to meet at a place where the said
materials may be, four of whom may be stricken off the
panel by the said president and directors, or their agents,
and four by the person or persons interested, or in his,
her or their absence, by the sheriff, and the said she-
riff shall qualify the said 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 materials
required by such company, and the said persons shall,
after valuing the damages which may be sustained by
the owner or owners of such materials, return under
their hands and seals to the justice who issued the war-
rant, one copy of their said valuation, one other copy to
the president of the said company, and one other copy to
the owner or owners of the materials, if such owner shall
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To contract, etc.
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