666

LAWS OF MARYLAND.

works, for the purchase or use or occupation of the
same, and in case they cannot agree, or if the
owner or owners, or any of them, be a feme covert,
under age, non compos mentis, or out of the county
in which the property wanted may be where such
land and material may be needed, on application
to a Justice of the Peace of such county, he shall

Condemn.

issue his warrant, under his hand and seal, directed
to the sheriff of said county, requiring him to sum-
mon a jury of twenty inhabitants of said county,
not related to the owners, nor in any wise interested
in the premises, to meet on the land to be valued,
on a day to be specified in said warrant, not less
than ten nor more than thirty days after issuing the

Sheriff to
summons,

same, and in case any of the jurors aforesaid do not
attend, he shall instanter summon as many jurors
as maybe necessary with the jurors in attendance, to
furnish a panel of twenty jurors in attendance, and
from them each party, his, her or their agent, and
if either be not present in person or by agent, the
sheriff may strike off four jurors for each of the
absent parties, and the remaining twelve shall act
as the jury of inquest of damages, and before they
act as such the sheriff shall administer to each of
them an oath or affirmation, as the case may be,
that he will justly and impartially value the dam-
ages and benefits which the owner or owners of
said lands will sustain by the use or occupation of
the same required by the Company, and if required
by the party or parties whose lands are to be af-
fected by their proceedings, or by the said Rail-
road Company or their agent or agents, the jury
shall cause to be summoned such witnesses as the
parties may require and shall examine them on
oath or affirmation in relation to the value of the
property to be condemned and after the testimony
is closed and without unnecessary delay, and after
having made a fair and just comparison of the ad-
vantages and disadvantages arising from the said

Damages.

railroad, they shall estimate and determine whether
any, and if any, what amount of damages has been
or may be sustained by the said owner or owners
respectively, and make report thereof accordingly,
and the said jury shall reduce their inquisition to
writing, shall sign and seal the same, and it shall
then be returned by the said sheriff to the clerk of
Circuit Court of his county, and by such clerk filed