222

LAWS OF MARYLAND.

annually, and to issue their bonds therefor in sums
not less than one hundred dollars, and to secure
the payment of said bonds and their interest by
executing and delivering to such trustee or trustees
as they may select, a mortgage of all or any part
of the canal harbor property rights, liberties and
franchises of said Company.

Condemn.

Sec. 12. And be it enacted, That the President
and Directors of said Company may agree with
the owner or owners of any real estate in the bed
of said creek, or at its mouth or on its borders,
for the use and occupation of the same in the mak-
ing of said channel, canal or harbor, and protec-
tion of the same from injury by storms or other-
wise, and in case they cannot agree or in case the
owner or owners be non compos mentis, feme covert
or under age or out of the county at the time the
property may be needed, on application to a Jus-
tice of the Peace of Dorchester County he shall
issue his warrant under his hand and seal directed
to the Sheriff of said county, requiring him to
summon twenty citizens of said county above the
age of twenty-five years as jurors not interested in
the matter or related to any of the parties, to
meet on the land to be valued on a day to be spe-
cified in said warrant not less than ten nor more
than twenty days from the date of said warrant,
and in case any of the jurors do not attend the

Jurors.

Sheriff shall instanter summon as many more
jurors as shall be necessary with the jurors in at-
tepdance to make a panel of twenty ; either party
may strike off four and in case they refuse or
neglect the Sheriff shall strike off all names but
twelve, who, after having been duly sworn, shall
constitute the jury to try the cause ; either party
may summon witnesses and examine them under
oath, and after the evidence, if any, shall be
offered and the parties heard, if they desire to be,
the jury shall proceed to render their verdict and
assess such damages as they may adjudge the
party will sustain in consideration of all the cir-
cumstances, and the advantages and disadvantages
of the use to be made of said land either party

Keep record.

may appeal to the Circuit Court of Dorchester
County) at its next succeeding term, when the case
shall be heard de novo, and the decision then ren-
dered shall be final. The Justice Wore whom the