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Dec. Ses. 1817
May agree
with owners of
land.
Damages.
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ter the time so appointed, every such stockholder, his, her, or their
assignor, shall, in addition to the payment so called for, pay at the
rate of five per rent, per month for delay of such payment; and if
the. same, and the said additional penalty, shall remain unpaid for
such space of time as that the accumulated penalties shall become
equal to the sums before paid in part on such account of such share
or shares, the. same shall be forfeited to the said company, and
may and shall bo sold and assigned by the president and managers
of said company, to any person willing to purchase the same, for
such price as can be obtained fur the Name, and the purchaser or
purchasers aforesaid shall have all the benefit and advantage of
such assignment and purchase, as if he, she or they, had been an
original stockholder.
10. And be it enacted, That the respective presidents and mana-
gers 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 shall be a feme covert, or non
compos, or under age, or out of the state, in such case the compen-
sation to the owner or owners aforesaid, for the land aforesaid,
shall be ascertained and paid in the manner hereinafter provided for
ascertaining and paying the value of materials for making said road.
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 necessary for making or repairing either of the
said turnpike roads, the president and managers of the said com-
pany, or a majority of them, or any person authorised by them,
may agree with the owner or owners of said materials for the pur-
chase 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,
directed to the sheriff of the county, commanding him to summon
twelve disinterested persons, qualified to serve as jurors 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 per-
sons 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 copy to the president of the said
company, and one other copy to the owner or owners of the said
materials, if such owner shall reside in the county where the said
materials may be, and shall not be under any legal disability to re-
ceive the money adjudged, and give sufficient discharge therefor;
and the president and managers shall pay, or secure to be paid,
the damages so adjudged, before 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 legal disability, then the
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