LEVIN WINDER, ESQ; GOVERNOR.

75

be departed from, the president, managers and company

shall agree with the owner or owners of the land through

which the same may pass, for the purchase of the same,

(if the owner shall require any compensation therefor) and

in case of disagreement, or in case the owner should be

a feme-covert or non compos, or under age, or out of

the state, in such case the compensation to the owner or

owners aforesaid, for the land aforesaid, shall be ascer-

tained and paid in the manner hereinafter provided, for

ascertaining and paying the value of materials for making

said road, before the direction of the said road shall be

altered or changed.

DEC. SESS.

1814.

11. AND BE IT ENACTED, That in all cases

where stone, gravel, earth or sand, not already quarried

or dug for the use of the owner, or for sale, shall be ne-

cessary for making or repairing of the said turnpike road,

the president and managers of the said company, or a

majority of them, or any person authorised by them, may

agree with the owner or owners of said materials for

the purchase of the same, or with the said owner

or owners of the land on which the same may be, for

the purchase of said land, and in case of disagreement,

or in case the owner should be a feme covert, or

non compos, or under age or out of the state or county,

the president of the company or any person authorised

by him for that purpose, shall apply to a justice of the
peace for the county wherein the said materials may be;
which justice shall thereupon issue his warrant, direct-
ed to the * county, commanding him to sum-
mon twelve disinterested persons, qualified to serve as ju-
rors in the county court, to meet at a place where the

said materials may be, and the said sheriff shall qualify
the said persons, either by oath or affirmation, (as the
case may be,) justly, truly and impartially to value the

damages which may be sustained by the owner or own-
ers of the materials required by such company, and the

said persons shall, after valuing the damage which may

be sustained by the owner or owners of such materials,

and return, under their hands and seals, to the justice

who issued the warrant, one copy of their said valuation,
one other company; to the president of the said company,

and one other copy to the owner or owners of the said ma-

terials if such owner shall reside in the county where the
said materials may be, and shall not be under any legal dis-
ability to receive the money adjudged, and give sufficient
discharges therefor; and the president and managers shall
pay, or secure to be paid, the damages so adjudged, be-
fore they shall proceed to remove the said materials; and
if the owner or owners of such materials shall reside out
of the county, or be under any legal disability, then the

——————

* The words "sheriff of the" are here omitted in the engrossed bill.
THE PRINTER.

Stone, gravel,
&c.— damages.
—bond &c.