THOMAS H. HICKS, ESQUIRE, GOVERNOR.

301

same, and if the said Company cannot agree with
the owners of the land, they may require for the
purposes aforesaid, or if the owners be infants,
insane, married woman, or absent from the coun-
ty where such land lies, then the Company may
on application to a justice of the peace, of the county
wherein the land lies, who shall issue his warrant
to the sheriff of such county, commanding him to
summon twelve good and lawful men, to meet on
the premises on a day to be fixed, not less than
ten days from the issuing of the warrant, and the
said jury proceed to value all damages the owner
of the land may sustain by the use and occupa-
tion of said Company, taking into view the bene-
fits such owners may receive from the erection of
said bridge, and the jury shall reduce their valua-
tion of damages to writing, in the form of an in-
quisition, which shall contain a description of the
land valued, the amount of damages if any, and
the quantity of interest in the land which the said
Company is to hold in such land, which inquisi-
tion shall be signed and sealed by the jury and
sheriff, and returned to the Circuit Court for the
county where the land lies, which court shall con-
firm or set aside said inquisition, and if the same
shall be set aside, a new inquisition shall be or-
dered by said court, and on confirmation of any
inquisition by the court, and the payment of the
damages by the Company, the title to the land de-
scribed in such inquisition, shall vest in said
Company.

SEC. 3. And be it enacted, That the said Com-
pany shall have the same power to have valued by
a jury any stone, earth or gravel, that they may
require for building their bridges, or the works
appertaining thereto, which is given by this act,
to acquire land, and the same proceedings may be
had; each juror before he acts as such, shall take
an oath or affirmation, that he will faithfully and
impartially, value the land or stone, earth or
gravel, as the case may be, and that he will in
making such valuation, take into account all bene-
fits and damages, which the owner may receive
from the building of such bridge.

Jurors to make
oath or affirm.

SEC. 4. And be it enacted, That it shall and
may be lawful for the said Company to demand
and receive tolls, at the said bridge, not exceed-

Rates of toll.