Section 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.