392

LAWS OF MARYLAND.

Survey route.

the purpose of surveying the route of said road,
or any branch hereinafter authorized, may enter
upon and pass through any private property with-
out injury to said premises, and that the said Pres-
ident, Directors, or their agent or agents author-
ized by them, may agree with the owner or own-
ers of any land, earth, gravel, stone, timber and
other material, or any improvements which may
be wanted for the construction and repairs of any
said roads, or any of their works, for the purchase
or use and occupation of the same; and if tbey
cannot agree, or if the owner or any of the own-
ers is a 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 this

Condemn.

State, in and for such county, who shall thereupon
issue his warrant under his hand and seal to the
sheriff of such county, requiring him to summon
a jury of twenty of the inhabitants of said county,
who are land-owners, net related to the parties or
in any wise interested, to meet on the land or near
the earth 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

Sheriff to
summons.

said time and place any of said jurors do not at-
tend, the said sheriff shall immediately summon
as many persons similarly qualified as together
with those in attendance will furnish a panel of
twenty jurors, and from them each party, his, her
or their agents or attorney may strike off four per-
sons, and in the event of the absence or refusal
of either party to strike the sheriff shall strike
four persons for said party, and the remaining
twelve shall act as a jury of inquest of damages ;
and to each of said twelve, before he acts as juror,

Oath.

the sheriff 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 by said
Company, 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 their in-
quisition to writing, and sign and seal the same,
and it shall be returned by the Sheriff to the Clerk

Inquisition to
be filed.

of the Circuit Court for his county, and be filed by
the said Clerk in his office, and shall be confirmed