T. WATKINS LIGON, ESQUIRE, GOVERNOR

455

are unable to agree with the owner or owners, or
should he or she be a feme covert or non compos
mentis, or underage, the said president may apply to
a justice of the peace of the county, who shall there-
upon issue his warrant to the sheriff of the county
aforesaid, commanding him to summon twenty disin-
terested persons, qualified to act as jurors in the cir-
cuit court, to meet upon the land, after four are stricken
off the panel by the president or his agent, and four
by the persons interested, or in his, her or their ab-
sence or refusal, by the said sheriff, the sheriff shall
qualify the remaining twelve persons, either by oath
or affirmation, as the case may be, justly, truly and
impartially, to value the damages which may be sus-
tained by the owner or owners of such material or
land required by such company, and the said jurors
shall after valuing said damages, return the same un-
der their hands and seals to the clerk of the circuit
court of Worcester county, to be by him recorded,
and the said damages shall be paid by the company
into the hands of the sheriff of said county for the per-
sons mentioned in the said return respectively, before
the said company shall proceed to remove the said
materials, or to use the said land, and the justice,
sheriff and clerk, shall be entitled to receive the same
fees for service under this act, as they are allowed in
similar cases, and the persons summoned as jurors
shall receive one dollar per day during their attend-
ance, which fees and allowances shall be paid by the
said company, and the said company or their agents
shall have power to remove said materials across any
lands, not in meadow or grain, upon paying a reason-
able compensation to the owner or owners for any in-
jury or damages to be ascertained by a jury as above,
in case it cannot be obtained by agreement.

SEC. 10. And be it enacted, That the said compa-
ny having perfected the said inlet aforesaid, and the
said inlet shall have become sufficiently deep to admit
of a safe and complete navigation for vessels drawing
at. least four feet water, it shall and may be lawful for
the said president and directors to demand and receive
tolls, at such place or places on the river St. Martins,
or bay of Sinepuxent, as they may direct, not exceed-
ing the following rates, that is to say, for every pipe
or hogshead, thirty cents, barrel six cents, every
bushel of wheat or corn two cents, every bushel of
oats one cent, flax seed, peas, beans, or other grain,
or salt, two cents per bushel, every cord of wood

Rates of toll.