PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1849.

ny, or their agents, or those contracting with them for
making or repairing the same, may immediately take
and vise the same, they having first caused the pro-
perty wanted to be viewed by a jury formed in a man-
ner hereinafter prescribed, and that it shall not be ne-
cessary, after such view, in order to the use or occu-
pation of the same, to wait the issue of proceedings
upon such view, and the inquest of the jury, after
confirmation, and after payment or tender of the valu-
ation shall be a bar to all actions for taking or using
such property, whether commenced before or after such
confirmation, or the payment of the said valuation.

CHAP. 249.

SEC. 4. And be it enacted, That this act shall take
effect and be in full force from the time when the Le-

gislature of the State of Delaware, with the assent of
the New Castle and Frenchtown Company, expressed
and certified according to the provisions of the several
acts of the Legislature of the State of Delaware, in-
corporating the said company, and relating thereto,
shall have passed an act incorporating a company
with all necessary power to construct a rail road from
the line dividing the States of Maryland and Dela-
ware, at the point to which the rail road of the Chesa-
peake and Delaware rail road company, or of any rail
road company which has been or may be incorporated
by the Legislature of Maryland, at its present session,
shall be constructed to any convenient point of the
Delaware river or bay, south of the town of New
Castle, and north of the mouth of Apoquinnimick
creek.

When to be
operative.

SEC. 5 And be it enacted, That the president and
directors of said company, or a majority of them, or
their agents, may agree with the owner or owners of
land, earth, timber, gravel, or other materials, or any
improvements for the construction or repairs of said
road, or its works, for the purchase or use and occu-
pation of the same, and in case they cannot agree, or
if the owner or owners of any of them be a feme
covert, under age, non compos mentis, or out of the
county in which the property wanted may be, when
such lands or materials may be needed, on application
to a justice of the peace of such county, he shall issue
his warrant under his hand and seal, directed to the
sheriff of the said county, requiring him to summon
a jury of twenty inhabitants of said county, to meet
on the land to be valued on a day specified in said
warrant, not less than five nor more than ten days af-
ter issuing the same, and in case any of the jurors
aforesaid do not attend, the said sheriff shall, instan-

Inquisition —
how and when
taken.