land, earth, gravel, stone or material wanted for
the construction or repairs of such road or roads,
for the purchase, use or occupation of the same, or
if the owner or owners or any of them be a feme
covert, under age, or non compos mentis, or out of
the county, application may be made to any Jus-
tice of the Peace for Allegany county, who shall
thereupon issue his warrant, under his hand and
seal, directed to the sheriff of said county requir-
ing him to summon a jury of twenty inhabitants
of said county not related to the parties or in any-
wise interested to meet on said land, or near to
the other property, or materials to be valued, on a
day named in said warrant, not less than ten nor
more than twenty days after the issuing of the
same, and if at the same time and place any of
the jurors shall not attend, the sheriff shall imme-
diately summon as many jurors as may be neces-
sary with those in attendance to furnish a panel
of twenty jurors, and from them each party, or his
or their agents, or if either be not present, in per-
son or by agent, the sheriff for him or them may
strike off four jurors and the remaining twelve
shall act as a jury of inquest of damages, and be-

fore they act as such, the said sheriff shall admin-
ister to each of them an oath or affirmation, as the
case may be, that he will justly and impartially,
value the damages which the owner or owners of
said land, earth, gravel, stone or other materials
will sustain by the use or occupying thereof by
said company, and if required by the parties
whose lands are to be affected by their proceedings,
the jury shall cause to be summoned such witness
as the parties may require, and shall examine
them on their oath, in relation to the value of the
property to be condemned, and they shall ascer-
tain and determine the compensation which ought
to be justly made by the said company to the party,
or parties owning or interested in the real estate,
or other property appraised by them, and in de-
termining the amount of such compensation, the
jury shall not make an allowance or deduction
on account of any real or supposed benefits
which the parties in interest may derive from
the construction of said railroad or railroads, the
said shall reduce their inquisition to writing,
and shall sign and seal the same, and it shall be

Duty of
Sheriff.