322

ALLEGANY COUNTY. [ART. 1.

it necessary to convey the said water, and they are
hereby invested with all the rights and powers neces-
sary for the introduction of water into said city; in
the event of the death, resignation, removal or refu-
sal to act of any or either of the said commissioners,
the mayor and councilmen of said city are hereby
authorized and required to fill such vacancy or va-
cancies.

Ibid s 7
Authorized to
purchase rent
estate, &c , for
such purpose

36. The said commissioners, or a majority of them,
are hereby authorized to agree with the owner or
owners of any land, real estate, spring, brook, water
or water course, as aforesaid, earth, timber, stone or
other materials which the said commissioners may
conceive expedient or necessary to purchase and
hold for the purpose of introducing water into the
said city.

Ibid s.8.
In what cases
jury to value

land

37. If they, or a majority of them, cannot agree,
or if there be any incapacity or disability to contract
with the owner or owners of such land or real estate,
spring, brook, water or water course, as aforesaid,
earth, timber, stone or other materials, or with the
owner or owners of such lands through which the
said commissioners or a majority of them, may find
it necessary to have a right of entry and passage for
the purpose of conveying the said water into the said
city, or if such owner or owners shall be absent out
of the state, or unknown, it shall be lawful for the
said commissioners, or a majority of them, or the
mayor and councilmen, to apply to any justice of the
peace for Allegany county, who shall thereupon issue
his summons, under his hand and seal, directed to
the sheriff of said county, requiring him to summon
a jury of twenty inhabitants of said county not in-
terested in the property to be valued, to meet on the
land or near the other property to be valued, on a
day named in said summons, not less nor more than
twenty days after the issuing of the same.

Ibid s 9.
Power of sheriff
in summoning
jury.

38. If at the time named in said summons any of
said jurors summoned do not attend, the sheriff shall
immediately summon as many jurors as may be