ART. 23] RAILROAD COMPANIES. 655

chosen at any election shall, so soon thereafter as may be convenient,
choose one of their number to be president, and shall each take an oath
or affirmation faithfully to discharge his duties; and they shall from
time to time make such dividends of the profits of said company as they
may think proper.

Cited but not construed in Hodges v. Baltimore, etc., Ry. Co., 58 Md. 622.

1904, art. 23, sec. 251. 1888, art. 23, sec. 167. 1876, ch .242, sec. 11.
1896, ch. 151.

269. The said president and directors, or their agent or agents,
authorized by them, may agree with the owner or owners of any land,
earth, gravel, stone, timber, streams or materials, or any improvements
which may be wanted for the proper construction or repair of any of
said roads, or any of their works, for the purchase and use and occupa-
tion or diversion of the same; and if they cannot agree, or if the owner
or owners or any of them be an infant, feme covert, who is not pos-
sessed of the property to her sole and separate use, or authorized to con-
tract 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, appli-
cation may be made by the said company to any justice of the peace of
such county, who shall thereupon issue his warrant, under his hand
and seal, to the sheriff of the county, 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 this 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 as
many persons similarly qualified as together with those in attendance
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, it or them, may strike off four persons, and the remaining
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 that he will justly and impartially value the damages which
the owner or owners will sustain by the use and occupation of the prop-
erty 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 by said
court any time after the expiration of thirty days from the date of such
filing, if no sufficient cause to the contrary be shown, and when con-
firmed shall be recorded by said clerk at the expense of the company;
but if the same be set aside the said court shall direct another inquisi-
tion to be taken, in the manner above described; and in case the second