796 ARTICLE 23.

The objection that warrant to sheriff to condemn land for construction of a
railroad by a mining company, instead of merely complying with the requirements
of this section, directed summons as jurors of inhabitants " above the age of twenty-
one years and qualified to act as jurors under the laws of this state " as required
by sec. 203 relative to condemnations by railroad companies, should be made by
a challenge to the array before jurors, are sworn, followed by exceptions to ratifica-
tion of inquisition founded on that specific ground; otherwise objection is waived.
New York Mining Co. v. Midland Mining Co., 99 Md. 516. And see Moores v. Bel
Air Water Co., 79 Md. 399.

Without considering whether this section applies to a condemnation by a railroad
company (see sec. 203), owner is entitled to notice before the property is con-
demned, and notice of the pendency of inquisition in court for confirmation, is not
in itself sufficient. Baltimore, etc., R. R. Co. v. Baltzell, 75 Md. 106. Cf. George's
Creek, etc., Co. v. New Central, etc., Co., 40 Md. 437.

Fact that co-owner is a public service corporation, does not enlarge its rights as
such co-owner. This section provides how and in what manner right of condemna-
tion may be exercised. Susquehanna Co. v. St. Clair, 113 Md. 672.

For note on condemnation of land by corporations, see Hamilton v. Annapolis,
etc., Ry. Co., 1 Md. 553.

As to condemnations by bridge companies, see sec. 154; by mining companies,
sec. 184; by railway companies, sec. 203; by telegraph and telephone companies,
secs. 295 and 337; by turnpike, plank road and passenger railway companies, sec.
321; by water companies, sec. 330.

See art. 33A and notes to secs. 334 and 337 (this article).

An. Code, sec. 400. 1904, sec. 361. 1888, sec. 249. 1868, ch. 471, sec. 171.

332. If at said time and place any jurors summoned do not attend,
the sheriff shall immediately summon as many jurors as may he neces-
sary, with the jurors in attendance, to make twenty jurors, and from them
each party, or its, his, her or their agent, or if either party be not present
in person or by agent, the sheriff for him, her, it or them may strike off
four jurors, and from those remaining on the list the sheriff shall select
twelve to act as the jury of inquest of damages.
See notes to secs. 331, 334 and 337.

An. Code, sec. 401. 1904, sec. 362. 1888, sec. 250. 1868, ch. 471, sec. 172.

333. The sheriff shall, before they proceed to act as such, administer
to each of said jury an oath that he will justly and impartially value the
damages which the owner will sustain by reason of the occupation of the
said land or materials required by the occupation, and find whether or not
the condemnation of such land or material is necessary and proper for the
use of such corporation, for the due exercise and enjoyment of its corporate
privileges.

See notes to secs. 331, 334 and 337.

An. Code, sec. 402. 1904, sec. 363. 1888, sec. 251. 1868, ch. 471, sec. 173.

334. The 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 for his county, or the clerk of the superior
court of Baltimore city, as the case may be; and if no sufficient cause to the
contrary be shown, the said inquisition shall thereupon be confirmed by
the said court, at such time and after such notice as shall be fixed by its
rules; and when confirmed, shall be recorded by said clerk at the expense of
said corporation; but if set aside, or if the jury shall fail to agree, the
said court may direct another inquisition to be taken in the manner above