JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 389

any land, earth, gravel, stone, timber, streams or
materials, or any improvements which may be wanted
for the proper construction or repair of any said
roads, or any of their works for the purchase and
use and occupation, or diversion of the same; and
if they cannot agree, or if the owner or owners of	Cannot agree.
any of them be an infant, feme covert, who is not
possessed of the property to her sole and separate
use, or authorized to contract in reference to the
same, non-compos mentis, or out of the county, where
such property wanted may lie, when such property
may be wanted, or for any other cause be legally
incapable of contracting, application may be made
by the said company to any justice of the peace of
such county, who shall thereupon issue his warrant,	Issue warrant and summon
under his hand and seal, to the sheriff of the county,	jury.
requiring him to summon a jury of twenty of the
inhabitants of said county, above the age of twenty-
one years, and qualified to act as jurors under the
laws of thia State, not related to the parties, nor in
anywise 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
said time and place, any of the said jurors summoned
do not attend, the sheriff shall immediately summon	Additional summons.
as many persons similarly qualified as together with
those in attendance, as shall make up twenty, and
from the panel, each party, his, her, its, or their
agent or attorney; or if either party be not present
in person, or by agent, or being present in person
or agent, refuse to strike, the sheriff for him, her,	Strike off four
it, or them, may strike off four persons, and the re-	persons-
maining twelve shall act as the jury of the inquest
of damages, and to each, before he acts as such juror,
the sheriff shall administer an oath or affirmation	Administer
that he will justly and impartially value the dam-	oath.
ages which the owner or owners will sustain by the
use and occupation of the property required by the
said company, and the said jury shall reduce their
inquisition to writing, and sign and seal the same,
and it shall then be returned by the sheriff to the
clerk of the Circuit Court for his county, and be
filed by said clerk in his office, and shall be confirmed	Confirmed.
by said court at its next term or session, if no suffi-