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Authorised to
construct rail-
road.
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SEC. 12. And be it enacted, That the said company
be and they are hereby authorised to locate and con-
struct a railroad from the town of Elkton, to Sassafras
river at or near Fredericktown; and there to connect
with the Kent county railroad, and to construct a
lateral branch from said road to some point on the
Delaware State line, and there to connect with a
branch road from the Delaware railroad, at or near
Middletown; or to construct a railroad to some point
on the State line, and north of the Chesapeake and
Delaware Canal, and there connect with a lateral
branch from said Delaware railroad, and for that pur-
pose to enter upon any land necessary for locating,
laying out or making the same or any part thereof, or
to procure land, gravel, earth, wood or timber; for
such use, and to obtain the right or title to the same
as hereinafter provided.
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Manner of pro-
ceeding in case
of a condem-
nation.
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SEC. 13. And be it enacted. That the President
and Directors of the said company may agree with
the owner or owners of any lands, earth, timber,
gravel or other material, 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 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 State,
on application to a justice of the Peace of Cecil
county, he shall issue his warrant, under his hand
and seal, directed to the sheriff of said county, requi-
ring him to summon a jury of twenty inhabitants of
said county, not related to said owner or owners, nor
in anywise interested in the premises, to meet on the.
land to be valued, on a day to be specified in said war-
rant, not less than ten nor more than thirty days af-
ter issuing the same; and in case any of the jurors
aforesaid do not attend, the sheriff shall instanter
summon as many jurors as may be necessary, with
the jurors in attendance, to furnish a panel of twenty
jurors in attendance, and from them each party, his,
her, or their agent, or if either be not present in per-
son 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 sheriff shall adminis-
ter to each of them an oath, or affirmation as the
case may be, that he will justly and impartially val-
ue the damages and benefits which the owner or
owners of said lands will sustain by the use or occu-
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