|
or dug for the use of the owner or owners, or for sale, shall be
necessary for making or repairing the said turnpike road, the
president and managers of the Cumberland turnpike road com-
pany, or a majority of them, or any person authorised by them,
may agree with the owner or owners of such land for such da-
mages as may be sustained by the said road passing through the
same, or with the owner or owners of said materials for the pur-
chase of the same, or with the owner or owners of the land on
which the same may be for the purchase of the said land; and in
case of disagreement, or in case the owner shall be a feme covert,
under age, or non compos, or out of the state or county, the pre-
sident of the said company, or any person authorised by him for
that purpose, shall apply to a justice of the peace of the county
where such land shall lie, whose duty it shall be thereupon to is-
sue his warrant, directed to the sheriff of the same county, com-
manding him to summon twelve persons who have no interest
in the land or materials in question, and who are qualified to serve
as jurors in the county court, to meet at the place where said land
or materials may he, on a day in the said warrant to be specified,
not exceeding sixty days after the day of application by the pre-
sident aforesaid; and the said sheriff shall qualify the said per-
sons, 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 the laud through which said
road may pass, or the materials required by said company, in
which valuation the said jury shall take into consideration the
advantages and disadvantages of the said turnpike to the said
owner or owners; and the said jurors shall, after valuing the
damages as aforesaid, return under their hands and seals, to the
justice who issued the warrant, one copy of the said valuation,
One other copy to the president of the company, and one other
copy to the owner or owners of the said land or materials, if
such owner shall reside in the county where the land lies, and shall
not be under any legal disability to receive the money sustained
as damages as aforesaid, and give sufficient discharges therefor ;
and the president and managers aforesaid shall pay, or secure
to be paid, the damages so adjudged, before, they shall proceed to
open the said road, or remove the said materials; and if such
owner or owners shall reside out of the county, or be under any
legal disability, then the president, on the part of the said com-
pany, shall enter into bond, conditioned for the payment of the
damages assessed, to the person or persons who may be legally
entitled to, and duly authorised to receive the. same, and shall
lodge said bond, and a copy of the said valuation, in the office of
the clerk of the county court where the land lies, to be by him
recorded, and upon such bond, or an office, copy thereof, suit
may be instituted against the obligor or obligors therein named
by any person or persons entitled to receive such damages; and
the justice and sheriff shall be entitled to receive the same fees
as are allowed in similar cases, and the persons summoned as ju-
rors to value the damages sustained as aforesaid, shall each re-
ceive, one dollar for every day he shall attend for that purpose ;
which fees and allowance shall be paid by the president and mana-
gers aforesaid, and the same proceedings shall he had, if required,
|
Dec. Ses. 1816
|
