EMINENT DOMAIN 1575

the application of any party to said suit, the Court shall forthwith set an
early date to be especially fixed by it, not less than ten nor more than
twenty days from the date of said application, for the trial of the issues
of law and fact raised in said case, and the ascertainment of the compensa-
tion or damages to be awarded to the defendants in case it shall be deter-
mined that the land sought by the petitioner shall be condemned.

An. Code, 1924, sec. 6. 1912, sec. 6. 1912, ch. 117. 1914, ch. 463, sec. 7.

6. If the date so fixed by said Court shall occur during the regular sit-
tings of any term of said Court, at which a regular jury is in attendance
upon said Court, or can be procured to attend, the said case shall be heard
before a jury selected from such regular panel, lout if the date for said
trial set by the Court shall occur at a time when the regular jury drawn
for that term has been discharged and cannot be reassembled under the
law, then in such case the Court shall forthwith select twenty (20) good
and lawful men from the names upon the regular jury list of the last Jury
Term of the Court, to be summoned by the sheriff, to attend as jurors in
said Court at said time as fixed by the Court for the trial of said case,
and the summoning of said jurors and the empanelling of a jury of twelve
men from said regular panel or from said list of jurors so summoned by
the Sheriff, shall proceed as far as practicable in accordance with the rules
and practice obtaining in said Court for the selection and empanelling of
jurors in other civil cases.

The method of condemnation provided under this section does not impair obligation
of contract in B. & O. R. R. charter, this section merely changing the remedy to en-
force right of condemnation. Metropolitan Branch built under act 1865, ch. 70. B. &
O. R. R. Co. v. Maughlin, 153 Md. 375.

See notes to sec. 1.

An. Code, 1924, sec. 7. 1912, sec. 7. 1912, ch. 117. 1914, ch. 463, sec. 8.

7. As soon as said jury is selected as aforesaid, the Jurors shall be
sworn by the Clerk in the usual manner in civil cases, and in addition to
the usual oath in such cases, they shall be sworn to justly and impartially
value the damages which the defendant owner or owners will sustain by
the taking, use and occupation of the property described in the petition,
by the petitioner, for the purposes therein set out, and after being so se-
lected and sworn, the Court shall direct the sheriff to take the jury upon
the ground and premises sought to be condemned, to view the same in the
usual way in condemnation cases, upon which excursion to view said prop-
erty and premises, the parties to the suit, their attorneys, engineer or
other representative shall have the right to attend with said sheriff and
jury. The engineer or other representative of either party shall upon said
view, point out to the jury the property sought to be condemned, and the
metes and bounds thereof, and shall show the jury any adjacent property
of the owners; but upon said view no party to the proceedings, or his attor-
ney, or any other party, except as aforesaid, shall be permitted to make
any statement or remark to the jury or in their presence relative to said
property.

Inquisition cannot be vacated for refusal to allow jury to view property of defendant
on other side of street in absence of anything to indicate impairment of value or utility
of such land by condemnation of land in question. Port Development Commission;
harbor improvement. Public use. Evidence. Instructions, See notes to sec. 15. Mar-
chant v. Baltimore, 146 Md. 524.