536
LAWS OF MARYLAND.
Proviso.
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or other roads or ways, water courses or channel of
transportation already constructed or hereafter to be
constructed, with all the rights, powers, and franchises
connected therewith, and it shall also be lawful for said
company to own and navigate such steam and sailing
vessels as it may desire in connexion with its business,
and to subscribe for and take stock in any navigation
or rail road company which it may deem expedient;
Provided however, that the said company shall not be
authorised to construct more than a single track of rail
road through the gap in Will's Mountain, above the
town of Cumberland in Allegany county.
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Right to summon
jury of
inquest.
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SEC. 9. And be it enacted,
That the said company
in locating and constructing any rail road or rail roads
authorised by this act, shall have the right, if they cannot
agree with the owners of any land, earth, gravel,
stone or materials wanted for the construction or repairs
of such road or roads for the purchase, use or occupation
of the same, or if the owner or owners or any of
them be a feme covert, under age or non compos mentis
or out of the county, application may be made to
any justice of the peace for Allegany county, who
shall thereupon issue his warrant under his hand and
seal, directed to the sheriff of said county, requiring
him to summon a jury of twenty inhabitants of said
county, not related to the parties, nor in anywise 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 the same time and
place any of said jurors shall not attend, the sheriff
shall immediately summon as many jurors as may be
necessary with those in attendance, to furnish a panel
of twenty jurors, and from them each party or his or
their agents, or if either be not present in person or by
agent the sheriff for him or them may strike off four
jurors, and the remaining twelve shall act as the 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 of said land, earth, gravel, stone,
or other materials, will sustain by the use or occupying
thereof by said company, and if required by the parties
whose lands are to be effected by their proceedings, the
jury shall cause to be summoned such witnesses as the
parties may require, and shall examine them, on oath,
in relation to the value of the property to be condemned,
and they shall reduce the testimony, if any is taken
by them to writing, and after the testimony is closed
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