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 summon 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 attendance, 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, arid 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 returned by the said sheriff to the clerk, of the circuit