378
LAWS OF MARYLAND.
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such other works as they shall judge necessary or
expedient
for completing said road and to repair and keep
the same in order.
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Vacancy—
how filled.
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SEC. 6. And be it enacted,
That when any vacancy
or vacancies shall occur in the board of directors or
presidency of said company, by death, resignation or
otherwise, the remaining directors shall choose others
in their stead from the stockholders of said company,
who shall continue in office until the next general election
of directors.
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May agree
with owners
of lands which
may be wanted.
In case of disagreement,
sheriff to summon
jury of
inquest.
Oath.
Inquisition to
be returned to
clerk of Circuit
court,
and by him
recorded.
If set aside
court may direct
another
inquisition.
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SEC. 7. And
be it enacted, That it shall and may
be lawful for the said president and directors, or a majority
of them to agree with the owners of any land
through which the said plank road is intended to pass
for the purchase or use and occupation thereof, and in
case of disagreement, or in case the owner thereof
shall be a feme covert, under age, non compos mentis,
or out of the State or county, on application to a justice
of the peace of Allegany county, the said justice
of the peace shall issue his warrant under his hand to
the sheriff of Allegany county, to summon a jury of
twenty inhabitants of his county, not related to the parties
nor in any manner interested to meet on the land to
be valued at a day to be expressed in the warrant, not
less than ten nor more than twenty days thereafter, and
the sheriff upon receiving the said warrant, shall forthwith
summon the said jury; and when met shall administer
an oath or affirmation to every juror who shall
appear, being not less than twelve in number, that he
will faithfully, justly and impartially value the lands
and all damages the owner thereof shall sustain by
making the plank road through such land, or the partial
or temporary appropriation, use or occupation of
such land, according to the best of his skill and judgment,
and that in such valuation he will not spare any
person for favor or affection, nor any person grieve for
malice, hatred or ill-will, and in every such valuation
and assessment of damages, the value and damages ascertained
as aforesaid; and the inquisition thereupon
taken, shall be signed by the sheriff and twelve or more
of the jury, and returned by the sheriff to the clerk of
the circuit court of Allegany county, and unless good
cause be shown against the said inquisition, it shall be
affirmed by the court, and recorded; but, if the said inquisition
should be set aside, or if from any cause no inquisition
shall be returned to such court within a reasonable
time, the said court may in its discretion as
often as may be necessary, direct another inquisition
to be taken in the manner above prescribed, and upon
every such valuation the jury is hereby directed to describe
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