|
|
SEC. 5. And be it enacted, That the directors
of the said company, shall he and they are hereby
invested with all the rights and powers necessary
to the location, construction and repair of the
rail road, not exceeding eight feet wide, with the
necessary addition for embankments and excava-
tions, and as many sets of tracks as the said di-
rectors or a majority of them may deem necessary,
and they or a majority of them may cause to he
made, or contract with others for making said
road, or any part of it, and for those purposes the
president and directors of said company, or a ma-
jority of them, or any person or persons autho-
rised by a majority of them, may agree with the
owner or owners of any land, earth, quarry, tim-
ber, gravel, stone or other materials, or any im-
provements which may be wanted for the construc-
tion or repair of any of said roads, or any of their
works, for the purchase or use and occupation of
the same, and if they cannot agree, or if the
owner or owners, or any of them, be a feme cov-
ert, under age, non compos mentis, or out of the
county, in which the property other than quar-
ries and warehouses wanted may lie, when the
same may be wanted, application may be made
to any justice of the peace of such county, who
shall thereupon issue his warrant, under hand and
seal, directed to the sheriff of said county, requir-
ing him to summon a jury of twenty inhabitants
of said county, not in any wise interested, to meet
on the land, or near to the property or materials
as before described, to be valued on any day named
in said warrant, not less than ten nor more than
twenty days after the issuing of the same, and if
at the same time and place, any of said jurors
summoned, do not attend, the said sheriff shall
immediately summon as many jurors as may be
necessary, with the jurors in attendance, to furn-
ish a panel of twenty jurors in attendance, and
from them each party or its, his, her or their
agent, if either be not present in person or by
agent, the sheriff for him, her or them, may strike
off four jurors, and the remaining twelve shall act
as the jury of inquest of damages; and before they
act as such, the said sheriff shall administer to
|
Mode of pro-
ceeding in a
condemnation.
|
|
