138 JOURNAL OF PROCEEDINGS [Jan. 30,

Section 5, And be it enacted, That the President and Direc-
tors of the said Baltimore, Chesapeake and Delaware Bay
Rail Road Company, or their authorized agent or agents,
may agree with the owner or owners of any lands, earth,
gravel, timber or other materials, or any improvements, for
the construction or repair of the said road or any branches of
the said road, or for its depots, stations or works, and for the
purchase or use and occupation of the same ; and in case they
cannot agree, or if the owner or owners of any of the said
lands or property, be a feme covert, minor, or non compos
mentis or out of the State, on application to a Justice of the
Peace of the county wherein said lands or property lie, by the
said railroad company, he shall issue his warrant under his
hand and seal, directed to the sheriff of his proper county,
requiring him to summon a jury of twenty inhabitants of the
said county, not related or in any wise interested in the
premises, to meet on the land to be valued on a day to be
specified in the said warrant, not less than five nor more than
ten days after issuing the same, and in case any of the
jurors aforesaid, do not attend, the sheriff shall immediately
summon as many jurors as may be necessary with the jurors
in attendance to furnish a panel of twenty jurors in attend-
ance and from them, each party, his, her or their agent may
strike off four jurors, and if either, or both of the parties 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 damages and benefits which the
owner or owners of said lands will sustain by the use or oc-
cupation of the same required by the company, 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 witnes-
ses as the parties may require, and shall examine them on
oath or affirmation to be administered by the said sheirff, or
the foreman of the jury, in relation to the value of the pro-
perty to be condemned, and they shall reduce the testimony
if any is taken, to writing and after the testimony is closed
and without atny unnecessary delay, and after having made a fair
and just .compensation on of the advantages and disadvantages
arising from the said railroad they shall estimate and deter-
mine, whether any, and if any, what amount of damages has
been or may be sustained by the said owner or owners, res-
pectively, and make a 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 Court of his county,