250
LAWS OF MARYLAND.
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any part of it, and they their agents or those with
whom they may contract for making any part of the
same or their agents, may enter upon and use and excavate
any land which may be wanted for the site of
said road, or the erection of warehouses or other works
necessary to said road or for any other purpose necessary
or useful in the construction or repair of said road,
or its works and that they may build bridges, may fix
scales and weights, may lay rails, may take and use
any earth, timber, gravel, stone or other materials which
may be wanted for the construction or repair of any
part of said road or any of its works, and may make
and construct all works whatsoever which may be necessary
and expedient in order to the proper completion
of said road.
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Power to
agree with
owners of
lands which
may be wanted.
In case of disagreement,
sheriff to summon
jury of
inquest.
Oath.
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SEC. 11. And
be it enacted, That the president and
directors of said company, or a majority of them, or
any person or persons authorised by a majority of them,
may agree with the owner or owners of any land, earth,
timber, gravel, stone or other materials, or any improvements
which may be wanted for the construction or
repair of any said roads, or of any of their works,
for the purchase, or use and occupation of the same;
and if they cannot agree, or if the owner or owners,
or any of them, be a feme covert, under age, non compos
mentis, or out of the county for which the property
wanted may be, when such land or materials shall be
wanted, application may be made to any justice of the
peace of such county, who shall thereupon issue his warrant,
under hand and seal, directed to the sheriff of said
county, requiring him to summon a jury of twenty inhabitants
of said county, not related, nor in any wise interested,
to meet on the land, or near to the other property
or materials to be valued, on a day named in said warrant,
not less than ten, nor more than twenty days after the
issuing of the same, and if at said time and place any
of said jurors summoned, do not attend, the said sheriff
shall immediately summon as many jurors as may be
necessary, with the jurors in attendance, to furnish a
Panel of twenty jurors in attendance, and from them,
each party, or its, his, her or their agent; if either be
not present in person or by agent, the sheriff for him,
her, it or them, may strike off four jurors, and the remaining
twelve shall act as a jury of inquest of damages;
and before they act as such, the said sheriff shall
administer to each of them an oath or affirmation, as
the case may be, that he will justly and impartially
value the damages which the owner or owners will sustain
by the use or occupation of the same, required by
the company; and the jury, in estimating such damages,
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