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CHAP. 322.
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may be necessary for the accommodation of the works
of the Chesapeake and Ohio Canal Company, or the
main route of the Baltimore and Ohio rail road, or that
may be within the limits of either of the public roads
now existing, except to cross said roads without injury
to the same; And provided also, that the Legislature
of this State may at any time hereafter, regulate, modi-
fy or change the control, use and estate of the rail road
or rail roads to be constructed under the authority here-
by given, in such manner as it may deem equitable
towards the said corporations, and necessary to the ac-
commodation of the public travel, or use of the said
rail road or rail roads; And provided also, that no rail
road to be formed under the provisions of this act shall
pass through the limits of any incorporated city or town,
without the consent of the corporate authorities of such
city or town, nor through any dwelling house, ware-
house, stable, yard, gardens or orchard, without the
written consent of the owners of the same.
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Property
be condemn-
ed.
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SEC. 21. And be it enacted, That the president and
directors of sari company, or a majority of them, or
any person or persons, authorised by a majority of them,
may agree with the owner or owners of any land,
earth, limber, stone, or other materials, which may be
wanted for the construction or repair of said rail road,
or rail roads, hereby authorised to be made, as afore-
said, for the purchase or for the use and occupation of
the same; and if they cannot agree, or if the owner
or owners, or any of them, be a feme covert, under age,
non compos mentis, or out of the county, in which the
property wanted may lie, when such land or materials
shall be wanted, application may be made to any jus-
tice of the peace of such county, who shall thereupon
issue his warrant, under hand and seal, directed to the
sheriff of said county, requiring him to summons a
jury of twenty inhabitants of said county, not related,
nor in any wise interested, to meet on the land, or near
to the other properly, 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 said time and place, any of said jurors summoned
do not attend, the sheriff shall immediately summon
as many jurors as may be necessary, with the jurors in
attendance, and from them, each party, or its, his, her
or their agent, or if either be not present in person or
by agent, the sheriff, for him, her, it, or them, may
strike off four jurors, and the remaining twelve shall
act as the jury of inquest of damages; and before they
act as such, the said sheriff shall administer to each of
them an oath or affirmation, as the case may be, that
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