THOMAS H. HICKS, ESQUIRE, GOVERNOR.

135

for the construction and equipping of the said
company's road, and the issuing of bonds there-
for, and the mortgaging of all or any part of the
same, situate and being in the State of Pennsyl-
vania, for the securing of the said bonds with their
interest.

SEC. 15. 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 lands, earth, timber, gravel or
other materials, or any improvement for the con-
struction or repair of any part of said road or its
works, for the purchase or use or occupation of the
the game, 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 county
in which the property wanted may be when such
land and material 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 sum-
mon a jury of twenty inhabitants of said county, not
•related nor in anywise interested in the premises,
to meet on the land to be valued, on a day to
be specified in said warrant, not less than ten nor
more than thirty days after 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 attend-
ance, 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 sheriff shall ad-
minister to each of them an oath or affirmation,
as the case may be, that he will justly and impar-
tially value the damages and benefits 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 be affected by their proceed-
ings, or by the said railroad company or their
agent or agents, the jury shall cause to be sum-
moned such witnesses as the parties may require,
and shall examine them on oath or affirmation

Mode of pro-
ceeding in a
case of condem-
nation.