958

LAWS OF MARYLAND.

thereof, or if any of such owners be a feme sole,
and without power to contract in that regard,
tinder age, non compos mentis, or under any other
legal disabilities, to contract or be out of the coun-
ty in which the property wanted may lie at the
time the same is wanted, then in all such cases ap-
plication may be made by any such corporation to
any Judge of the Circuit Court of the county in
which said land or other materials may lie, or to
any Judge of the Supreme Bench of Baltimore
city, if the said land or materials lay in the city
of Baltimore, and thereupon the said judge, upon
its being made to appear satisfactorily to him that

Jury.

said land or materials are necessary and proper to
be condemned for the use of such corporation,
shall issue his warrant, directed to the Sheriff of
said county or city as the case may be, Requiring
him to summon a jury of twenty inhabitants of
said county or city, as the case may be, not re-
lated to said owner, or in anywise interested in
said land, and not stockholders in said corporation,
to meet on the lands or near the other property or
materials, to be valued and condemned, on a day
named in said warrant, not less than ten, nor more
than twenty days after issuing the same.

Vacancy
filled.

Sec. 171. And be it enacted, That if at said
time and place any jurors summoned do not at-
tend, the Sheriff shall immediately summon as
many jurors as may be necessary, with the jurors
in attendance, to make twenty jurors, and from
them each party or its, his or their agent, or if
either party be not present in person or by agent,
the Sheriff, for him, her, it or them may strike off
four jurors, and from those remaining on the list
the Sheriff shall select twelve to act as the jury of
inquest of damages.

Oath.

Sec. 172. And be it enacted, That the Sheriff
shall, before they proceed to act as such, adminis-
ter to each of said jury, an oath that he will justly
and impartially value the damages which the
owner will sustain by reason of the occupation of
the said land or materials required by the occupa-
tion, and find whether or no the condemnation of
such land or materials are necessary and proper
for the use of such corporation, for the due exercise
and enjoyment of its corporate privileges.