E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

ed for the construction or repair of said road, for the
use and occupation of the same, and if they cannot
agree, or if the owner or owners thereof shall reside out

of the State, application may be made to any justice of
the peace of Washington county, who shall thereupon
issue his warrant, under hand and seal, directed to the
sheriff of the county, requiring him to summon a jury

of twenty inhabitants of said county, not in any wise
interested, to meet on the land, or near the property or
materials to be valued, on a day named in said warrant,
not less than ten, nor more than twenty days after the
issuing of the same, and if, at the said time and place,
twelve persons do not attend, the said sheriff shall im-
mediately summon as many jurors as may be necessary
with the jurors in attendance, to furnish a panel of
twenty jurors, and from them each party, his, its, her
or their agents, or the sheriff for him, it, her or them,
may strike off four jurors, and the remaining twelve
shall act as the jury of inquest of damages, and before
they so act, the sheriff shall administer an oath or affir-
mation, as the case may be, that he will impartially
value the damages which the owner or owners of the
land or materials will sustain by the occupation of the
same, required by the company, and the jury, in esti-
mating such damages, shall take into the estimation
the benefits resulting to such owner or owners, from
constructing said turnpike road through, along or near
the property of said owner or owners, but only on the
extinguishment of the claim and damages, and the said
jury shall reduce their inquisition to writing, describing
the bounds of the land condemned, and shall sign and
seal the same, and through the sheriff return the same
to the clerk of the Circuit court of Washington coun-
ty, and by the said clerk filed in his court, and unless
set aside by the court at its next session, shall be record-
ed by the said clerk, and shall entitle the said company
to the estate and interest of the property thus valued as
fully as if it had been conveyed by the owner or own-

CHAP. 318.

ers of the same; Provided, however, the said company
shall have paid or tendered the valuation of the dam-
ages assessed by the said jury to the owner or owners
thereof, or his, her, its or their legal representatives.

Proviso.

SEC. 11. And be it enacted, That nothing in this act,
shall be so construed as to authorise the said company
to issue any note, token scrip, device, or other evidence

of debt, to be used as currency; and the Legislature
hereby reserves the right to alter amend or annul this
act of incorporation at pleasure.

Banking for-
bid.

SEC. 12. And be it enacted, That this act shall go
into effect immediately after its passage.

In force.