672

LAWS OF MARYLAND.

their works, for the purchase or use and occupation
of the same, and if they cannot agree, or if the
owner or owners or any of them be an infant,
feme covert, non compos mentis, or out of the county
where such property wanted may lie, when such
property may be wanted, application may be made
to any Justice of the Peace of such county, who
shall thereupon issue his warrant, under his hand
and seal, to the Sheriff of the county, requiring
him to summon a jury of twenty of the inhabitants
who are land owners not related to the parties nor
in anywise interested, to meet on the lands, or near
the materials, or other property wanted, on a day
named in said warrant, not less than ten nor more
than twenty days after issuing the same, and if at
said time and place any of the said jurors sum-
moned do not attend, the Sheriff shall immedi-
ately summon as many persons similarly qualified
as together with those in attendance, and from the
panel, each party, his, her, it or them, may strike
off four persons, and the remaining twelve shall
act as the jury of the inquest of damages ; and
to each, before he acts as such juror, the Sheriff

Oath.

shall administer an oath or affirmation, that he
will justly and impartially value the damages
which the owner or owners will sustain by the
use or occupation of the same required by the com-
pany, and the benefits to accrue therefrom as a set
off to the damages that may be adjudged by them;
and the said jury shall reduce there inquisition to
writing, and sign and seal the same, and it shall
be returned by the Sheriff to the Clerk of the Cir-
cuit Court for his county, and be filed by said clerk
in his office, and shall be confirmed by said court
at its next term or session, if no sufficient cause
to the contrary be shown, and when confirmed, shall
be recorded by said clerk at the expense of the

Inquisition.

company; but if the same be set aside, the said
court shall direct that another inquisition be taken
in the manner above described, and the inquisi-
tion shall in all cases describe the property taken,
or the bounds of the lands condemned, and the
quantity or duration of the interest in the same,
valued for the company, and such valuation, when
paid or tendered to the owner or owners of the pro-
perty, his, her or their legal representatives, shall
entitle the said company to the estate and interest