104
Disagreem't.
Summon jury
to condemn.
Refuse to
strike.
Administer
oath.
Benefits.
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LAWS OF MARYLAND.
or repair of the said railways, or any of their works
for the purchase, use, occupation or diversion of the
same; and if they cannot agree, or if the owner or
owners of any of them be an infant, feme covert, non
compos mentis', or out of the City of Baltimore or the
county in which such property wanted may lie, as
the case may be, when such property may be wanted,
or for any other cause be legally incapable of con-
tracting, application may be made by said company
to any Justice of the Peace of the City of Baltimore,
or of any county, as the case may be, in which the
land or materials or other property wanted may lie,
and such Justice of the Peace shall thereupon issue
his warrant, under his hand and seal, to the Sheriff
of the City of Baltimore, or of such county, as the
case may be, requiring him to summon a jury of
twenty of the inhabitants of the City of Baltimore,
or of such county, as the case may be, above the age
of twenty-one years, not related to the parties or in
any wise 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 the
said time and place, any of the said jurors summoned
do not attend, or should not be qualified to act as
such jurors, the Sheriff shall immediately summon
as many jurors as, with the jurors in attendance, shall
furnish a panel of twenty jurors in attendance, and
from the panel each party, his, her, it or their agent
or attorney, or if either be not present in person or
by agent or attorney, or, being so present refuse to
strike, the Sheriff" for him, her, it or them, may strike
oft' four jurors and the remaining twelve shall act
as the jury of inquest of damages, and to each, be-
fore he act as such juror, the Sheriff shall administer
an oath or affirmation that he will justly and impar-
tially value the land, materials, or other property, and
the other damages which the owner or owners will
sustain by the use and occupation of the property
required by the said company, and also the benefits
or advantages, if any, to accrue to the owner or
owners, by the construction of the said road, as a set-
off to the said damages, but only in extinguishment
of the claim for damages, independent of the value
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