184

LAWS OF MARYLAND.

Issue warrant.

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 properly wanted may be,
when such land and materials may be needed, on
application to a justice of the peace of said county,
who shall issue his warrant, under his hand and seal,
to the sheriff of said county requiring him to sum-
mon a jury of twenty inhabitants of said county, not
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 same, and in case any of the jurors aforesaid do
not attend the sheriff shall instanter summon as
many jurors as may be necessary with the jurors in
attendance to furnish a panel of twenty jurors in at-
tendance, and from them each party, his, her or their

Strike off four
Jurors.

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

Administer
oath.

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 damages
and benefits which the owner or owners of such
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 affected by
their proceedings, or by the said railroad 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 they shall reduce the testimony, if any is taken
by them, to writing and after the testimony is closed
and without unnecessary delay, and after having
made a fair and just comparison of the advantages

Estimate and
determine.

and disadvantages arising from the said 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 and
shall sign and seal the same and it shall then be re-
turned by the said sheriff to the clerk, of the circuit