|
|
CHAP. 326.
|
hereinafter prescribed, may enter upon and use, and
excavate any land which may be wanted for the site
of the said rail road, or the erection of the warehoused,
or other works, necessary for the said rail road, or for
any other purposes necessary or useful for the construc-
tion or repair of said road or its works, and that they may
build bridges, fix scales and weights, lay rails, and may
take and use any earth, timber, gravel, stone, or other
materials, which may be wanted for the construction
of repair of any part of said road, or any of its works,
and may make and construct all works whatsoever,
which may be deemed necessary or expedient in order
to the proper completion of said rail road.
|
|
|
|
Property to be
condemned.
|
SEC. 14. 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
any land, earth, limber, gravel or other materials or
any improvements, for the construction or repair of
any of said road or its works, for the purchase or use
and occupation of the same, and in case they can-
not 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 be, when such land and 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 said county,
requiring him to summon a jury of twenty inhabi-
tants of said county, not related, nor in anywise in-
terested in the premises, to meet on the land to be
valued, on a day to be specified in said warrant, not
less than ten not more than twenty days, after issuing
the same; and in case any of the jurors aforesaid,
do not attend, the said sheriff shall instanter summon
as many jurors as may be necessary, with the jurors in
attendance, to furnish a panel of twenty jurors in at-
tendance, and from them, each party, his, her or
their agent, and if either be not present in person or by
agent, the sheriff may strike off four jurors for each
of the absent parties, 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
he will justly and impartially value the damages which
the owner or owners of said lands will sustain by the use
or occupation of the same, required by the company;
if required by the party or parties whose lands are to
affected by their proceedings, the jury shall cause to be
summoned such witnesses as the parties may require,
and shall examine them, on oath, in relation to the
|
|
