North Carolina Newspapers

THE- SMETTIiv:':-: 11 n eTa'l J, L3MYV, (Printer of ihe lw of tha Suto,) Editob ad Paoriutoa. cioiia: rovurn moih, UTiLiirTf At n rarticit aiiovacta Til LAJD Of OVB fIBIt All BOl Of OCB. ttttUTlOKt TIIUCE tOLI AI.8A Eri r?rft mmm mm A. a ' t a Ml. ira I,' 00 AA utr a sal ri le r 1 a- I lit tha 7 iw- Ml In in- on p: a-. la- M. lit- of.'- ; -I ill 'Si f VOi. 36- RALCiRir, if. c, wtnxcsDAr, rcn. la, LAWS OP NORTH CAROLINA l'arl at the rtsion of Awenrbly 1841-4''. CHAPTER XXU. An Act toceda to the Cnitod States ft certain troct of Imd lying on the Island ot Portsmouth, Carteret County, for the purpoje of erect nig a Marine Hospital thereon. Whereas the 27ih Congress of the United States, passed nn act authorizing the erection of a Marine Hospital on the Island of Portsmouth, Carteret County, and the collector of the Port of Ocracocke, having 1)7 authority of the Secretary of the Troas'try, selected a site: Br it therefore enacted by the General Assembly of the Slate oj North Carolina, an I it is hereby enacted by authority of the tame, That nil that piece or parcel of land descrihed in a deed from Kdward II. Graham, clerk and master. of the court of equity for the county of Craven, Mary Nelson, trus tee of II ryan Gardner, and Caroline W. Gardner, his wife, and.of Mary James Nelson; nil of tho county of Craven and State of Nor.li Carolina, which deed is on record in the Reg ister's office of Carteret County, Book Y, page 439, be ceded to the United Slates of An erica; nnd the siid United States shall mid may have and exercise exclusive jurisdiction over the said land so Jong as they shall choose to hold and occur py it for the' purposes specified: Brorided, that nothing herein contained shall le construed to prevent the proper of ficers of this State from executing any process, civil or crim inal, within the ftmifs of said land. Ratified tho Gfh day of Decemlier, 181 J. That it shall bo lawful for the County Courts, whenever the j administrators end An Act to repeal llie Slh section of tha Revised Statutes, en titled an acf concerning crimes and punishments. Be it enacted by the General Assembly of the State of forth Carolina, and it is Hereby 'enacted by the authori ty of the same. That tho said section be, and the same is hereby repealed. Ratified the 8th day of Tanuary, 1845. CHAPTER XXIV. An Act to cede a portion of Rutherford county to tho cotjn - 'y of Cleaveland. Be it enacted by the General Assembly of the State of . Aorlh Carolina ana it w hereby enacted by the authority of the 8a me, That all that portion of Rutherford county, ly- itiff east of u line Commencing at a point on the South Car olina line, three miles west of where the Rutherford and Cleaveland line intersects said line, and running thence a direct course to the junction of Main and Second! Broad Iliv eras thence a direct course ta a point on.tha dividing line be tween Rutherford and Cleaveland, ttfo miles north of where Drury Dobbins now resides, be ceded to and made a part of the county 01 Cleaveland. . . Sue. 11. Beit further enacted, That it shall be the duty of the County Courts of Rutherford and Cleaveland. each, to appoint one commissioner,, wlw shall jointly employ a sur veyor and run said line, arid reporl to the courts of their re spective comities. -77 - - 1 11 J . . 1 1 Ji mhm 111 i.i iimiMiM aaawiaMw;Bijiiia jiimj aiirjiiaaaawa, -. Carolina, mi ith hereby eiuttfel by ihe authority of Ihi aftme.jbed in manner aforesaid, tho subscribers, tlipir executors I rectors, at their dfcreiin,ViiW' tftsr-li M pUli ; Bitcti. assigns shall I',- rmd they are licrt by 'and convey 10 the purchaser llie !n"nfe of shhfejl ofany mcli 11T siTWrrief, or os many thereel as inny niri. 1 one niniiiui Zfll'J uMilisiutl in irit fn.u n or iliuiuiloii or r wjeijeiiilc, at a reluruiiiif theMirtitiis reuiatiiinK. (U r pavinsr said insinUi.cni, ntl At oil P-. firnn.ft A ' I 11 1 1. ' " "-j .-(H.i uwrtiin hi pe,a Lioay cornor.iie, by thenarne nml sfvl" of: dell wnie "' , iioNiHii ii 1 1 i,e tape tear ana Linnlvr Kiver Canal ouiKiny;" and lopn governed by The laws now in force regulating the duties of j m lhal uarm may site ad be sued, pli-a-l and bo l;nf,lcmUd: r.oiirK ol ....... v - 1.. r,,,,. t-,-..- .ivuix;rmiuai succession, ana 0 common sen:: una Ratified the 7lh day of January, 1845. CHAPTER XXT. An Act to. cedd.a portion at Ruthe.r(ord County to the Cpan ty of Henderson, He it enacted by ihe General Assembly of the State of North Carolina, audit ts herebu enacted by the authority of the same. That all that portion of the comity of Rutherford lying west o a line beginning at a point ou the dividing line between the c unity of Henderson and Rutherford, on topof theSngar Loaf Mou'itain running thence south 10 degrees east to the South Carolina line; then west with said line to the H nder sou county line; then commencing at the beginnning' poin and running another line on the dividing ridge between Fall creek and Kecdy Patch creek to Broad Kiver at Paris Gap; then north 5 degrees east to the McDowell county line; then with said line fo the Buncombe line; then with said line to the Henderson line, bo, and the same is hereby ceded to and made a part ol Henderson county. Skc- H, Bt il further enaeied, That the line-described in the wpgoltig scdtioik be lierearter tteemcd and held to be ice uivilin2 line between 'the connt,i:s of authcrtord and lleiderson; and that all lavrJ and Clauses of laws coming within the mcauinz and purview of this act, bo, and tho same are hereby repealed- Ratified the !ih day of December, lbll.J ciai surveyor, accompanied ty a copy ot the order ot rite Cotmly Court appointing him, Imll lc'dtiiieJaud held va lid, ns if done by a i-oiinty surveyor elected accimlii-g to t!: provisions of 43d chapter ol the Re vised Statutes, Ratified this 1st day cf January, 181," ..CHAPTER XX VIII. An Act to revive and continue in force an net, pnsed at the Session of the General Assembly of ll-'fr-entitled "an act to re-enact nnd extend the provisions of an act, passed in Ihe year 1820, chanter 35, entitled an act to incorporate the Lake Drummon l and Orapak ( anal Company, and to repeal an act, passed iii Ihe year 1S30, chapter 100, en titled ah act to amend an act, passed at the last Session of the General Assembly of this State, entitled an act to in corporate the Lake Drunifnond ancl Orapcak Canal Com pany, mid for other "rmrpbscs " ' Be it enacted by Ihe General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the above recited act, passed at the Session of the Gen eral Assembly of 183 1-32, be and the same is hereby revived and continued in full force, Inns full and ample manner as if every clause, sentence paragraph nnd section therein con tained, not inconsistent with the provision of ibis act, were herein set fffitrM fall length; and that all the riglnsf and pnFiTrges, immunities ana! 53 vaWlagl Wfr sTiall bo held, possessed and enjoyed by the said company, in the same manner as if the limitation of lime within which the work was to have been commenced and finished, had noi been inserted therein; 'any law to the contrary nolh with standing: provided, however, the said work is commenced and finished within ten years after the ratification of this net. Sr.r. U. Tie it further enact til, That in lien nf the pr sons heretofore appointed to open books of subscription, Jesse Wiffjins. Samuel R. Harrel, J. R. Lassater. Andrew Voight, Isaac T. Harrel, Dr. John Galling and Burrell Broth er, be, and they are Iw rebv appointed commissioners to open books If the town of Gatesyille, in the county of Gate; and ! 'vricn TwciiVy five iliousand subsmbed. piiulic'hoticl? shalf b missioners, ma newspaper punusnea m me norougn cn mr folk, --Tiriritiia, callina: a zcncral mcrtiiiK of the stockholders at such convenient time and place as they shall name in said uotice. Sec. III. Be it further enacted, That this act shall be in force from and after it" ratification. i - . . y otl' the said iiifiulnifiii, :iui'U iiUiinI one mm ihts time nnd tfare of such Mile, in foinfl pi ! in th tn.uiief Wiliuintipii or Fajwijeille, may possess and exercise all the riirhts. Powers. Di i vilesrcs autliimiuiuities whicli l'!ug to IkhIv corporate in la-wj anu may nia.e a.I such ru'e-i, n irulutioiis and bye laws, n t and ohtnin liidUK'nt in a si.uimurv mnniier oeaiusl siW-"l inronsistait with the constitution of the United States and '.Mibscril ers lor lb nmom.t of Mich instidu en', in any Conn of this State, as may be deemed necessary and expedient for iy or Superior (Vurt f the State, n n day' i.-o,ici', in rl enteral managing tlie nirairs of the company, Stc. III. lie it further enacted, That at the meeting above mentioned, if a majority of the whole num ber of Glares subscribed for shall noi be represented, it shall be lawful for the commissioners for the town of Wilmington aforesaid to adjourn Said meeting from day today, until said majority shall be represented, either in jicrson orby proxy- and when a majority of the whole number of shares subscribed for shall be represented nt said meeting, either in person or by proxy, it shall and may be lawful for said sub scribers to -elect a President and seven Directors, a Treas urer nnd Secretary, who shall continue in olfiee until the next annual meeting, and until tlu ir successors are appoin ted: and m. electing their o(lkers? each share shall l entitled to one vote. lhe President, and aiiy four 6r the Director shall constitute a board for Ihe transaction of business; nnd if the olftce of President should at any time become vacant, tint;, ol such motion h'tvma U-t u pievioitsly F'veu to kiu-Ii stibscnle". . , .. - Stc. XII. lie il further enaefed, That it idudl bo lawfnl for the said cotvpiiiy to iin lue, I'lbby' other Jt;si u.eiu Y ncquire, hold nod transfer, land umlWlier property of fvry disci iptrtui: prciidid, Ibitt llie n.id , up ny d tlf p' cimIm i hereof, when sold, shall Ih used unJ applied in g'0T faith for Ihe objects hereby intended IoIhj effected. f ,j Si r. XIII. Be it further enachd, That if )he Frcstyrt nnd Directors shall not ,t nllu to npree with the owners of the land over which thes.iid canal shall Ih laid off, fof' ,rhA purchase nf the same, or if any owner olnid laud shnll btS nn inl.iut, a liiiianc or unn-conipnsmentis, ihou it slinll bt lawful lor any two Justices of the Pence for the toning' where llie Inndln-ih, upon the' epplieatiou of tho Prrsl&i.t and Directors, or I heir agent or attorney, leu days' uo'ire, in wrrtrt)!!', of such nnplicntiou having been preuously civeu to the uwner ol sud land, or if he be on inlnnt, a lunaiic or tho Directors shall appoint a person, who shall hold Iheollice until the next anniiat meeting of the stockholders, and H i twwconipsnn,n'ii!) to Ms- naiitfr'cmihiiueer-otthwtt there should lw a vacancy in the direciory, ihe other direc- j to issue iheir u arialit to the6herirfor nnj conSiatlo ol sniil tors shall appoint n stockholder fill Ihe s.'inie until the county, connnandins him fo mninii'ii n Jury of twelr t fn-n- next annual mcetuii;; nnd if the President should bo absent at; any Jiiccting,Jhft,ai,etni:,s sk.mtriium -being . pre. sent, may appoint one ol their own number to preside ut that CHAPTER XXVI. An Act supplemental fo nrf act, passed by the present Gene ral Assembly, e n itleu " an Hty to attach that part ot t nr teret County known as Ocracocke to Hyde county." . Be if enacted bii Ihe General Assemhlu of the State of North Carolina, nnd His hereby enacted by the authori'ii of the same. I That nothing in the' act; entitled " an act to attach that part of cr:erct county known r.s Ocracocke to Hyde county," p:tssed at the present session ot the General Assembly: shall be cjustruud so. as to prohibit the SherifTof Carteret county prom eoni-ciing- uch monies as are no-sr one, or may become jdne, on any judgment, before the third Monday of February pnext, or frm collecting the arrears of iaxcS in the same man- no;- as he could have done previous to the passage of the act aforesaid. Ratified the 9th day of January, 1815 Ratified the 8th day of January, 1845. CHAPTER XXIX. An Act for a Canal lrom Cape Fear to Lumber River. Whereas the cutting a navigable canal from the waters of. the Cape Fearto the waters of Lundier River, in this State, will be of great public utility, and tend to develop many re sources of the Stale, which hre now wholly unavailable from the want of sufficient maritime communication, nnd whereas many of the eood citizens of the State are willing to sub scribe liberal sums ot fhtmoy to emet- a work so highly Tene- hcial, and it is but just innt they, their executors, adminis trators and assigns should be empowered to evv nnd receive a reasonable satisfaction ill tolls for the money expended in rnrrvlhtr th htVnYntmm ---s v I. He it enacted by the uenerul Assembly of the State ofAorlh Carolina, ant it is hereby enacted by the authority of I tie sane. Thai it shall and may be lawful to open books in the town of Wilmington, under the direction of Alexander McRac, Janies 'P. Miller, William C. Bellincourt, Oscar G. Pars ley, P. K. Dickenson, Henry Nutt, William A. Berry, H. R. Savage, Miles Cosiiu C. 1). LI I lis, John P. Brown, Owen Fennel, and Gilbert Potter; in the town of Elizabeth town, und'r the direction of of Jas. M. White, Thos. J. D. McDowell, Alexr. J. Troy, nnd James Child; in the town of Whitesviile, under the direction of Wm. M. Bald win, John A. Maultiby, Fernoy George and A. F. Toone; in the town of Lumherton, under ihe direction of R. W. Fuller, Kdmend McQueen, R. C. Rhodes, Jolm A. llow liiud, nnJ James Wood; in the town of Sali-bttry, under the direction of I). A, payjsJoliti J. SliayerArcl.ibald licit, dersou aiid Alex;uiler Brandon; and in tuch other places, ahd under tlie dirwtion of such other persons, as the commis sioners for Ihe town of Wilmington, above named, or a ma jority of them, shall designate and appoint, for the purpose ttttakinVloair auKHmt .it,t-e.xceeding thre-hfr CHAPTER XXVII. n Act to' provide for a vacancy in the ollicc of County Sur i. veyor. ., Bc k ctiatfeJ Ly the C:n:ral Assein.ly of the Sta'.e of Nor A thousand ' dollars, in shares of one hundred dollars each; which subscription, if it shall be required by thecommis sioners, shall be paid in current gold and silver coin. That the said hooks shall be opened for receiving siibscrip'ion-Ott the f i est day of February next, and -shall continue open for the space of thirty days; nnd within ten days after the ex piration ot'the said thirty days, ihe said books shall becom puredvin the town of Wilmington,, by the commissioners aforesaid; and if, upon such co:narison, it shall lie found that ihe sum of seventy five thousand dollars has not born subscribed, then it shall be lawful lor the said commission ers, or a majority of them, lo re-opeu said books and con tinue theni ofi h for such a length of time as they shall direct, not exceeding two years; and if. at the end of two years, the said sum of seventy five thousand dollars shall not have been subscribed, then the subscriptions taken shall be void nnd the said books closed. And whenever it shall lie found, from comparison of said books, that the snid sum of 8e.w'y five thousand dollars has been subscribed, then it j shall and nav lie lawful for tho commissioners afoiesaid, or majority nf them, to call n general meeting of ihe subscri bers, ineir e.eeu'ors, aumunsiraiors ai;u assigns, 10 i e neiu iu tho town ot Wilniii"to i, on such a day as they may de signate, fifteen days' notice Of such meeting being given in some pap'H' or papers published in the towns of Wilinington and Fayctteville. . Sv:c. U. J nd be it further enacted, ; That when the 6:iiJ sum seventy five thousand dollars shall be subscri- Stc. IV. Beit further euaeted, That there shall be an nual meetings ol the stockholders ol ihe compnny, nt such times and places as the next preceding nntmalJ(nieetii'g shall have appointed, for the purpose of electing oificefs and transacting snch other businvM as may lie laii Iwfore theni by. the President nn.d. .Directors; nnd ut every such nnniml meeting each sh"re shall lw entitled to one vote; prodded, that no such annual mfe ing shall be competent lo transact business unless a majority of Ihe whole number of shares subscribed for shall he represented at such meeting, either in person or by proxy; and if nt any annual meeting a ma- resented, then it may be lawful for the stockholders who are present, to adjourn said meeting from day to day until Ihe requisite number of shares nre so represented: And proti ded farther, that it shall net be lawful for the President or nny Director or any officer or agent of thecomnanyjobe the proxy of any f tockholder. .. ;. "': Sec. V. Be it fnxlhtr enitcted, That special meetings of the stockiioiucrs ma7 ?2 CIU"1 !rrtTl l::r,3 to lime ns Presi dent and Directors may nppoint and direct, public notice being given 01 tne limes anu places oi micu mecimgs; anu all such special meetings fball be constituted and regulated in the sanio mahh'r as is LereTn p annual meetings of the company Sec. VI. Bt U further enacted, That no person shnll b elected a President or Director, who shall not ownfivt- hares in the stock of said company; nnd if any person e!ec ted a President or Director shall at any . tune, cease to own the said nuiibcr of shares, his office shall thereupon become vacant, nnd shall be filled as m other cases of vacancy. Sec. Vir. Be it further enaclt'f, That upon every sub scription for stock fii said company, there shnll lie pftTd five dollars in each share at tho tnne ot subfcribing, to the com missioners reccivinK subscriptions; and I ho residue thereof nt sue.li times and in sifch fhsfnlments ns the President an d Directors shnll appoint; and the commissioners aforesaid, as aon s a President and i n reetom snail ne etecteuj sn ai i torui- with pay over to them or to tneir order an sums ot money by them received; and on failure thereof, it shall lie lawful for the President nnd Directors to move for, nnd obtain judg ment in a summary manner agninst any delinquent commis sioner or his porsonal representatives, in nny County or Sunerior Court of the State, ten days notice in writing of such motion having been previously given to such commis sioners. Skc. VIII. Be H ' firth cr enacted, That the stockholders in eeueral meeting shall locate the route of Ihe said canal, and shall designate and determine at what point it shall liegin, in whnt direction it shall be prosecuted, and where it shall end. And the President and Directors and nil officers and agents of the company shall have foil power and 'authority lo enter upon the lands of any person or persons whatsoever, for the purpose of laying off and surveying the route of said canaT. as designjitedriby tha t rees the courses of ifiFsame: provided, that It shall riot be lawful for .them to enter tlie dwelling, yrud or garden of any person for that purpose, witt-out ttiefr consent. Skc. IX. Be it further (iclt,"Tluit tlie Stockholders, of the Company, and the times of paying the same, and may niter tho same lrom lime 10 tune as to in-m snail seem nt. 8-ec.- X." Beit further enacted, That tho President and Directors shall be, and they are hereby invested with all the powers and rights necessary and proper tor th construction, repair nnd maintenance of a Canal to be located an aforesaid, nnd shall nnd may cause to bo built and erected all , n ccssnry dnmsf locks, a juednctf, causeway, loll eates, buil ding, a" other works "'Inch may be deemed accessary and fit for the prpper cou.siruclioii ol snid caunl; arid shnIT or may purchase or cause to he biiili nil necessary boats for the transportation--of freight, mid may" purchase nil horses iiccrsary for drawinu the sunie; ami shiilL have (nJI power and an t hoi it to' make coiurncts on ihe prtrt of the company with nny person or persons for inHkin said canal and its necessary work; iind shall and Tiiny diV all other nct and things necessnry and proper for carrying into effect the a foresnid undertaking. ' ' Sec.XI Be it further enacted, That ihe President nnd Director! shnll hn full' power nnd authority from time lo time to direct nod declare al whnt limes and iu what instal ments the Mita subscribed shnll be paid off and discharged; and shall give at least one month' notice of all snch orders, by puUic advertisement in come newspaper published in ihe town of Wilmington or Foyetteville; and If nny subscriber shall neglect or refuse to pnyany instalment so required, for the space ol one month afier the same shnll have been so adv r icd, then it shall le lawful for the President and Oi- holders to meet upon the I nnd on a dny named in said war. - ' . , . . . . .. ' r .. - . .v : j .j I .: .r. .1 . . .. f ' 'tf'll ur.si sworn io uci impartial justice in toe pn-iiuss, sunn pin ceed fairly and justly to vidue the land, not exceeding one bundled feet on each side of (heTiaso Tif said cnnal, and Irt " srss the dtuniiges .which will ntcrtic to the ow'ner of rfid tamt hycuitiiiif the said rnnnl ihrough the snm; and llie inqiiisi ,lieii so taken shall be reduced to writiny and signed by lh said jury and returned by -the Sheriff ot oltierofficef tAL- ' the "ii-At County Court of . id county,, and ordered to W mcordud; and the valuaiion and nsessmeut j .'ao! nmd ; 2 by ihe Jury shall be paid by lh Piesideut nd JDi ' reclors lo the owner of said 1 land; nnd npnit inyment " thereof, ihe said land, rtof. exceedfiifr oho hunUr'M leet on each sideof said canal, shall immediately trnn'sfS'rreVI' ttb d rnfhr Crr tt(lythat lhe,said Jury, Jn n?gssitii ffie tald dntifngif! iSMi take into conpideraiiui and make alio wntice fofihe 'ben'efn resulting to the owner of said Ifltid,' by eirttiujf said r niW,"ei ; 1 ther by improviug lite Value of saiJ tarul 'or olherwisej' tfii4 provided further, thniif either party should be" dissatisfied! with, the fitidiujr of Uia said Jury,it Jihy ;;he lawful tor iacl:t : party to appeal to tho next Superior Court of Hid'('!oiuity,i ;!' giving bond as in , other cases of appeal; and provided fur- ' rier,thn nothing herein contained hll b-o construed nr t ntithoriza the President and Director to invade the dw'erf-?1 ' inyardanlmgr Mrkl, Kjuiitlf BMjr.4f800 ,yith t"t his consent. ' Ser. XIV. Be U Juflher enacted, Thai llioriien VoV,v'i sent of any owner ol laii'da Ihrongli which snid eamd 'shall " he Inid oiT, sliaU lo as efTeciiifil to vest full power nnd nllfiorf 1 ily over tho said land and one tmndred' feef rtrereof Wi'enth ! uue oi suiu rhiiiii, hi too sdiu company, nnu in unnsirr .. hi ..... . . .. . . . ' .i . kbjUi - .tliein all title in nna to me same, ni irsircri irmtinira Deeu conveyed by deed ei condertVned. in the rnnnner hbo've ?et i forth. 1 - '-''' , Skc. XV.' Be it further ehac'edThnt fho shnreg In ihe s!ock of said (Company shall he deemed ahd held pcrSotj.it property; nnd that ( crliuciites of stock shall l e issued una the shares i rnnsferred, under such rules nnd reguiat otiS as the bye lawsshalldireot. v " Sfv1'- ' i Bu&XV& it ;liitr aW niay i- be lawful l"ir the Presiifeiirriiid Direciors '-"to lrrov hiWley - for the use of tho cou.pany, lo bet applied iii effecthijr tlie ol'' jects herein set forth', nnd lo make nnd issue bonds," notes- " nnd other evidences of said loan and proper ossurancci for ' the repayment ol Ihesnme. ', ' , y'i'j ' Skc XVII: 'Be 'it further enacted, Thnt the said com. ' ;' nany t-hnll lie.nnd they nre hereby fully h'uiborto'd 'oiidein powered todig and eut lhr6irih nil public andjuiyntn ronds ' which may intersect ihe line of said canal, provided, that the '. said company shall build arid rrot f eoofl and imhfftni). ' tint bridsres over those portions' of tlfn 'cartar. inlersectirnf ' such ronds,.!'0 ibm piiStjr over the siime be iiot iiiiidfercj '"' or imvH-ded; otid the bridges so etvete 'shall be keptiu re-". U! pair nt (he expense of the e'orffphhy'. ' ' ": ,;' . ? ' . Skr. XVHI. Bt it further enacted, .Tlit whenevef any timber, earth, stone, or ernvel shall be' wahied for the' consrur twn of repair j of nfd tcoriatafid the .Pmidait andi Directors shall not be able lo agree wiih the owuera 6riheT adjneent Inhdjs (Tirobtafninif the anmej itaball and hisy bof ' la wful for the anid President and Directora to enter "ami atf rBljncenl lands, noi cnltivalefl, and lakeiherelrom Ihe refliiis-.' Jtaqnautiiy of .Uia--materia!ii-jiforeaaidT first-tenderinff ajneaVJll. should not lie aatifefed witli llie sura, to tendered, ft shall be , . lawful for hini to mnke application to any twrt yusifcea of , ihe Pwaee for fho county, wherein tbe Innd lielh, ten dnys,-" DWiB'niTiotn$o1irtrr1iiii7 nf stich nnnlichtrod' fiaVnii been " previously giyeti to ihe President and Directors and Ihe snid Justices shall forthwith issue their warrnhl to tlie Shei- irT or nny constable of snid county, commaqdinbim to lunH j mon a Jury of (we've freeholders fo meet on said land on a day named in aaid warrant; and the' Said, Jury .ha!l assesa ihe damnges nccrninjr to the anid owner, by the inkina or, (he said materials; and if tha amount Co nssessed shnll not be'; mniediately paid by ihe Preiiidur.t and - Directors, iba 'iaid - - sheriff or other officer shnll cause the inquisition 6 Inken lo'" , be reduced lo writing and signed by' the Jurors and shall 5 reinrfrrhe rame to lheiiet?touni'y Court iN'aid coitntvf " ... nnd snid Court ahull give judgment in a summary rnnnner ior ne unmade mi iixbtsscu, agniusi in i resi'ieiii anu JUirec . tor: and execution thereon shall be issued inirm ointely: ' provided, that the anid Jury shall lnle into consideration; benefits resulting lo snid owner by the rutting of the said" ; canl: and provided further, that if the amount assessed the Jury shall not exceed (he sum tendered by the President and Direciors, tho anitl owner ahall not recover any costs: .. and provided, further, that iftr-itjier pnrty ahull be dissatiaV, find with' the findinafof said Jury, suid party tnayapf eal , t'.iereiVom to the nest Superior Court of anid county, jfivtn bond as in other cnaea of appeal.- . ' rr;. t (ij --t