|
|
county where such land shall lie, which justice shall
thereupon issue his warrant, directed to the sheriff of
the county, commanding him to summon twelve dis-
interested persons, qualified to serve as jurors in the
county court, to meet at the place where the said land
or materials may be; and the said sheriff shall qua-
lify the said 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 the land through which the said
road may pass, or the materials required by such com-
pany; and the said persons shall, after valuing the
damages, return, under their hands and seals, to the
justice who issued the warrant, one copy of their said
valuation, one other copy to the president of the com-
pany, and one other copy to the owner or owners of
the said land or materials, if such owner shall reside
in the county, and shall not be under any legal disa-
bility to receive the money adjudged, and give suffi-
cient discharges therefor; and the president and man-
agers shall pay, or secure to be paid, the damages so
adjudged, before they shall proceed to remove the
said materials or open said road; and if such owner
or owners shall reside out of the county, or be under
any legal disability, then the president and managers
shall enter into bond, conditioned for the payment of
the damages assessed to the person or persons who
may be duly authorised to receive the same, and shall
lodge said bond, and a copy of the said valuation, in
the office of the clerk of the county court, to be by
him recorded; and upon such bond, or office copy
thereof, suit or suits may be instituted against the
obligors therein named, by any person or persons
entitled to receive such damage; and the justice and
sheriff shall be entitled to receive the same fees for
services under this act as are allowed in similar ca-
ses; and the persons summoned as jurymen to value
the damage sustained as aforesaid, shall each receive
one dollar for every day he shall attend for that pur-
pose, which fees and allowance shall be paid by the
president and managers of the company, at whose
instance the persons may have been summoned; and
the same proceedings shall be had, if required, in case
of damage done or apprehended by the owner or
owners of any land or tenements over or through
which the said road may pass.
|
1812.
|
|
