"And be it further enacted That it shall and may be lawful to and for the said commissioners or any two of them to improve the said road by contract or otherwise as to them may appear the most proper.
"And be it further enacted That where any part of the said road shall be laid out through any inclosed or improved lands the owner or owners thereof shall be paid the value of the said lands so laid out into an highway with such damages as he, she or they may sustain by reason thereof which value and damages shall be settled and agreed upon by the said commissioners or any two of them and the parties interested therein, and if they cannot agree, then the value of the lands and damages shall be appraised by two justices of the peace, on the oaths of twelve freeholders not interested in paying or receiving any part of such appraisement, otherwise than in paying their proportion of the taxes for the contingent charges of the county which freeholders shall be summoned by any constable not otherwise interested than as aforesaid, by virtue of a warrant to be issued by the said two justices of the peace
