726 FERRIES. [ART. 37.

granted license or licenses to other persons to keep a ferry at the
same place.

P, G. L., (1860,) art. 89, sec. 4. 1799, ch. 83, sec. 5.

4. If the proprietor of the land at any place now used as a.
public ferry, or where a public ferry may hereafter be estab-
lished, shall refuse or neglect for the space of two months to
take out a license agreeably to this article, or to rent the houses,
and land-commonly used with or .necessary for such ferry, to
some person to be approved of by the said commissioners who
will take out a license for the same, or be under any disability to
take out a license, or to rent aforesaid, by reason whereof the
same shall be delayed to be done to the inconvenience of the
public, for the space of three months beyond the annual time for
granting such ferry licenses, in such case the county Commis-
sioners of the county in which such land shall lie shall issue a
warrant to the sheriff of the county, to summon twelve respect-
able disinterested persons, qualified by law to be jurymen, and
also the surveyor of the county, to meet on the premises on a day
by him to be appointed, of which due and timely notice shall be
given by the said sheriff to the owner or possessor of such land.

Ibid, sec 5. 1799, ch 83, sec. 5.

5. And the said jury shall then and there, upon viewing the
place, determine how much land, not exceeding two acres, and
not including the dwelling-house, garden, orchard or meadow of
the owner or possessor, or any part thereof, shall be necessary and
most convenient to be laid off for the use of such ferry; and the
said surveyor, under their direction, shall survey and lay off the
same, and make a correct plat and certificate thereof, and shall de-
liver the same to the said sheriff, to be returned to the circuit court
for the county; and said jury shall then and there estimate the
value of the said land; in doing which, they shall take into con-
sideration all the advantages of its situation, for the purpose of
keeping a ferry or pursuing any other business, having first token
an oath justly and impartially to value the same land; and they
shall make inquest of their proceedings as aforesaid, under their
hands and seals, which shall be returned by the said sheriff, with
the certificate and plat aforesaid, to the next circuit court for the
county.