424

LAWS OF MARYLAND.

struction and repair of the said road or any of its works,

and may make and construct all works, whatever, which

may be necessary or expedient in order to the proper com-

pletion and maintainance of said road, and they may make

or cause to be made, lateral railways in any direction what-

ever from the said railroad, and for the construction, repair

and maintainance thereof, shall have all the rights and

powers hereby given, in order to the construction and repair

of the said principal railroad, and may also own and employ

steamboats or other vessels to connect the said railroad or

railroads with other points by water communication ; pro-

vided that nothing herein shall be construed to authorize

the" said company to take private property for their use with-

out the compensation agreed upon by the company and the

owners thereof, or awarded by a jury as hereinafter provided,

being first paid or tendered to the party entitled to receive

such compensation.

SEC. 12. That the said president and directors, or their

agent or agents authorized by them, may agree with

the owner or owners of any land, earth, gravel, stone,

Upon
failure to

timber, streams or materials, or any improvements which

agree ma

y may be wanted for the proper construction or repair of any

condemn

of said roads, or for any of their works, for the purchase and

use, and occupation or division of the same ; and if they

cannot agree, or if the owner or owners of any of them be

an infant, feme covert, who is not possessed of the property

to her sole and separate use, or authorized to contract in

reference to the same, non compos mentis, or out of the county

where such property wanted may lie when such property

may be wanted, or for any other cause, be legally incapable

of contracting, application may be made by the said com-

pany to any justice of the peace of such county, who shall

thereupon issue his warrant under his hand and peal, to the

sheriff of the county, requiring him to summon a jury of

twenty of the inhabitants of said county above the age of

twenty-one years not related to the parties, nor in any wise

interested, to meet on the lands or near the materials, or

other property wanted, on a day named in said warrant not

less than ten nor more than twenty days after issuing the

same, and if at said time and place any of the said jurors

summoned do not attend, the sheriff shall immediately sum-

mon as many persons similarly qualified as together with

those in attendance, will furnish a panel of twenty jurors in

attendance, and from the panel each party, his, her, it or

their agent, or attorney, or if either party, be not present in

person, or by agent or being present in person or by agent,

refuse to strike, the sheriff for him, her, it or them may

strike off four persons and the remaining twelve shall act as