548

LAWS OF MARYLAND.

is an infant, or is now non compos mentis, or lunatic, his or
her legal guardian or committee may appear and represent
the same. But if no legal guardian or committee appear the
sheriff shall appoint a reputable citizen as guardian ad litem
to the infant, and as committee ad litem to the non compos
mentis, and he shall represent the infant and the non compos
mentis, respectively, and they shall be bound by his acts.
Such guardian ad litem and such committee shall be paid two
dollars per day.

Owners of
property may
summon
witnesses.

Sixth. The Commissioners and the parties or persons own-
ing the property, or having an interest therein, may respect-
ively leave the decision of the whole case to the jurors with-
out witnesses, or they may ask that witnesses may be sum-
moned and called to give evidence. If either party desires
witnesses they shall be ordered and summoned before the
day fixed for the meetings, but they may be ordered and sum-
moned on the day thereof.

Examination
of witnesses.

As soon as the jurors are sworn, the sheriff shall ask
whether either party desires to order or examine witnesses,
and unless one or both parties then ask therefor, they shall
be considered as having waived the call thereof, and they
shall not be allowed to call for the same afterwards. The
sheriff, in his report to the Commissioners, shall state
whether witnesses were called or not.

Provided, that if one party calls for and examines wit-
nesses, the other party may on conclusion of evidence of
such witnesses also examine witnesses in attendance or at
hand in regard to any or all matters involved in his or
her contention. If neither party orders the summoning of
witnesses, no after objection shall be entertained to the pro-
ceedings, because no evidence was taken.

Jurors shall
view property

Upon the waiver of any call for witnesses, or if they be
called and examined, then after such examinations the jurors
shall proceed to the premises, and take a careful view and
observation thereof, and of the property in the vicinity. They
shall then return to the place of meeting and hear arguments,
and afterwards proceed to consider the case and to render a
decision.

Actual value
considered.

They shall take into consideration the actual value of the
property to be condemned, together with the injury that
may be done to any other property of the owner, and they
shall further take into consideration the benefits and advan-
tages that may accrue to the owner from such condemnation.