CORPORATIONS 927

city of Baltimore; and thereupon the said judge, upon its being made to
appear satisfactorily to him that said land or materials are necessary and
proper to be condemned for the use of such corporation, shall issue his war-
rant, directed to the sheriff of said county or city, as the case may be, re-
quiring him to summon a jury of twenty inhabitants of said county or city,
as the case may be, not related to said owner, or in anywise interested in
said land, and not stockholders in said corporation, to meet on the land or
near the other property or materials to be valued and condemned, on a day
named in said warrant, not less than ten, nor more than twenty days after
issuing the same.

This section, et seq., not repealed by art. 33A, as regards opening and closing highways.
Decision of trial court final as to what. Power of condemnation of road directors of
Allegany County. Brady v. Road Directors, 148 Md. 498.

This section and secs. 330-335 referred to in construing art. 89B, sec. 40. Dunn v.
State, 162 Md. 283.

This section, et seq., referred to in deciding that art. 91, secs. 28 and 40 of 1924 Code
(now Art. 89B, sec. 3) so far as they confer the power and regulate the procedure
of condemnation, were not repealed by the adoption of art. 33A of the Code, par-
ticularly in view of sec. 15 of art. 33A. Koehler v. State Rds. Com., 125 Md. 446.

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. 206
relative to condemnations by railroad companies, should be made by a challenge to
the array before jurors are sworn, followed by exceptions to ratification 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 com-
pany (see sec. 206), owner is entitled to notice before the property is condemned, 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 con-
demnation 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. 153; by mining companies, sec.
185; by railway companies, sec. 206; by telegraph and telephone companies, secs. 296 and
335; by turnpike, plank road and passenger railway companies, sec. 319; by water
companies, sec. 328.

See art. 38A and notes to secs. 332 and 335 (this article).

An. Code, 1924, sec. 332. 1912, sec. 400. 1904, sec. 361. 1888, sec. 249. 1868, ch. 471,

sec. 171.

330. If at said time and place any jurors summoned do not attend,
the sheriff shall immediately summon as many jurors as may be 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. 329, 332, and 335.

An. Code, 1924, sec. 333. 1912, sec. 401. 1904, sec. 362. 1888, sec. 250. 1868, ch. 471,

sec. 172.

331. 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. 329, 332, and 335.