§ 306. Jury to determine and assess damages; fees of justice of peace
and constable. At the time and place to which the proceeding has been
adjourned, as provided in section three hundred and four hereof, the
town superintendent, and the justice of the peace so designated by him,
shall attend, and a jury of twelve shall then be openly drawn and chosen
by the justice of the peace, in the same manner as juries are drawn in
justices' courts, except that each party may peremptorily challenge not
more than six of the persons drawn as such jurors. The parties may elect
to try the issue by a less number than twelve jurors, at any time before
a witness is sworn. The persons so selected, as herein provided, shall
constitute the jury and shall be sworn by the justice of the peace well
and truly to determine as to the necessity of the road, and to assess
the damages by reason of the opening thereof. The duties of the justice
of the peace in connection with such proceeding shall end after the jury
is sworn. The justice of the peace so designated by the town
superintendent and the constable executing such venire, shall each be
entitled to the same fees as may at any time be provided by law for the
performance of similar duties in justices' courts, to be paid by the
applicant.