Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1836-05-27

company II Snall De Inc outy oil the
president and directors in Office for the
preceding year to exhibit clear and
distinct statement Of the affairs of said
company that at any general meeting
of the stockholders, a mojoriy (in val
ue) Of all the stockholders in said com
pany may remove from Office any pres
ident or any of The directors of said
company, and may appoint others in
their stead.
Sec. IA. That every president and
director Of said company, before he
acts as such, shall swear or affirm,
that he will we'll and truly discharge
the duties of his said Office, TO the best
of his skill and judgment.
Sec. Is. That the said president
and directors shall annually or semi
annually declare aud make such dIvi
dends as they may deem proper, Of
the nett profits arising from the re
sources Of said company, after deduc
ling the necessary current and proba
Bile contingent expenses, and that they
shall divide the same amongst The pro
pretors Of the stock of said company,
in proper proportion 10 their respec
tive shares.
Sec. l6. That the president and
directors Of said company, or a major
ity of them, or any person or persons
authorized by majority Of them, may
agree with the owner or owners ofauy
such land, earth, timber, gravel, stone
or other materials, for the purchase or
use or occupation of the same; and if
they cannot agree, and if The owner or
owners, or any Of them, be feme
covert, under age, non coInpos mentis
or out Of the county in which the pro
perty wanted may be, when such land
and materials may be wanted, applica
ton may be made to any justice of the
peace OF such county, who shall there
upon issue his warrant, under his hand
and seal, directed 10 the sheriff of said
county, or TO some disinterested per.
son, if the sheriff shall be interested,
requiring him TO summon a jury Of
twelve disinieresled inhabitants OF
said county, to meet on the land or
near to The property or materials to be
valued, on day named in sait war.
rant, not less than Ten nor more than
twenty days after the issuing of the
same; and if at the said time and place
any of the said persons summoned do
not attend, the sheriff or summoner
shall Immediately summon as many
persons as may be necessary, with The
persons 10 attendance, TO furnish pan
Ell of twelve jurors; and from them
each party, or It's, his, her or their
agent, or if ether be not present in
person or by agent, the sheriff or sum
moner for it, him, her or them, may
strike of three jurors, and the remain
ing six shall act as the jury of inquest
ofdamages, and before they act as such,
the said sheriff or summoner shall ad
minister to each of Them an oath or
affirmation, that they will justly and
impartialIy value the damages which
the owner or owners will sustain by
the use and occupation Of such land or
materials, or both, as may be required
by the said companyi aud The jury, in
estimating the damages, in case 1t be
for the land used for said road, shall
take into the estimate the benefits re
sulling to said owner or owners, from
conducting such rail road through,
along, or near the property of said
owner or owners, in exIinguishmenl
Of the claim for damages; and the said
jury shall reduce their inq1isition TO
writing, and shall sign the same, and
it shall then be returned TO the clerk
of the court of common pleas fer The
county, and by such clerk filed in his
office, and shall be confirmed by said
court at its next session, if no suffi
cient cause TO The contrary be shown,
and when confirmed, shall be recorded
by said clerk al the expense of said
company; but if set aside, the said
court may direct another inqulsition
to be taken in the manner above pre-.
scribed, and such inquisition shall de.
scribe the property taken, or the
bounds Of the lands to be occupied,
and the amount OF such valuation when
paid or rendered 10 the owner or own
ers of said property. or his, her or
! their legal representative, shall entiIIe
the said company to the said property
or the use aud occupation of said land
SO long as the sams shall be used fol
, said rail road. And the valuation, il