where lie, she or they shall be a feme covert, infant
or non compos mentis, the said president, upon
giving notice in writing, of not less than twenty
days, to the parties interested, may apply to a
Justice of the Peace of Baltimore County, who

Sheriff re-
quired to sum-
mon Jurors,
&c.

shall thereupon issue his warrant to the Sheriff of
said county, commanding lam to summon twenty
disinterested persons qualified to act as jurors in
the Circuit Court of said county, to meet upon the
land, and after four of the jurors so summoned
are stricken off the panel, by the president of the
said company or his agent and four others by the
person or persons interested in said land, or his,
her or their agent, or in the absence or refusal to
strike off', of such person or persons or their agent,
four to be stricken off by the Sheriff; the said
Sheriff shall qualify the twelve remaining jurors,
cither by oath or affirmation, as the case may be,
justly, truly and impartially to value the damages
which may be sustained by the owner and owners
of said land, or materials required by said Com-
pany; and the said jury, in estimating the dam-
ages aforesaid supposed to be sustained by the
owner or owners of the land required for the con-
struction of said road shall take into the estimate
the benefit resulting to the said owner or owners,
but only in the extinguishment of the claim for
damages; and the said jury shall reduce their ver-
dict to writing in the shape of an inquisition, and
sign and seal the same) and it shall then be re-
tained by the Sheriff and returned by him to the
Clerk of the Circuit Court of Baltimore County.
and unless good and sufficient cause shall be shewn
against the said inquisition) it shall be affirmed by
the said Court, at the term next succeeding the
return of the said inquisition; but if the said in-
quisition shall be set aside, the said Court may in
its discretion, as often as may be necessary, direct
another inquisition to be taken in the manner

Proviso.

above described, provided, that it shall not be law-
ful without the consent of the owner or owners to
condemn any line for the construction of said rail-
way which shall pass through the buildings, yards
and lawns of any person, or through any grave
yard or burial place.