82

CORPORATIONS. [ART. 26.

power to contract in that regard, under age, non com-
pos mentis, or under any other legal disabilities, to con-
tract or be out of the county in which the property
wanted may lie at the time the same is wanted, then in

Application to
judge.

all such cases application may be made by any such
corporation to any judge of the circuit" court of the
county in which said lands or other materials may lie,
or to any judge of the supreme bench of Baltimore city,
if the said land or materials lie in the city of Balti-
more, 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

Wan ant to
sheriff

the use of such corporation, shall issue his warrant, di-
rected to the sheriff of said county or city as the case

Jury

may be, requiring him to summon a jury of twenty in-
habitants 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 lands or near the other property or materials to
be valued and condemned, on a day named in said war-
rant, not less than ten nor more than twenty days after
issuing the same.

Inquest of dam-
ages.

171. If at said time and place any jurors summoned
do not attend, the sheriff shall immediately summon
as many jurors as may be necessary, with the jurors in
attendance, to make twenty jurors, and from them each
party, or its, his or their ,agentr 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

Juror's oath

172. 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 no the condemnation of such land
or materials are necessary and proper for the use of
such corporation, for the due exercise and enjoyment
of its corporate privileges.