92
LAWS OF MARYLAND.
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may deem necessary, and the said company may cause
to be made, or contract with others for making any part
of the same, and they, their agents, and those with
whom they may contract, for making any part of the
same, or their agents may enter upon and use, and excavate
all lands that may be wanted for the site of said
road, or the erection of warehouses or other works necessary
to the 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, fix scales and
weights, may lay rails, 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.
Right to summon
jury of
inquest.
Oath.
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SEC. 3. 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 of said roads, or of any of their works, for the purchase
and use or 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 in which the property wanted may lie,
when such land or materials shall be wanted, application
may be made to any justice of the pace of such
county, who shall thereupon issue his warrant under
hand and seal, directed to the sheriff of said county,
requiring him to summons a jury of twenty inhabitants
of said county, not related nor in any wise interested, to
meet on the land or at the property or materials to be
valued, on a day named in said warrant, not less than
ten or more than twenty days after issuing the same,
and if at said time and place and of said jurors summoned
do not attend, the said sheriff shall immediately
summon as many jurors as may be necessary, with those
in attendance, to furnish a pannel 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
agents, the sheriff for him, her, it 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 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 said jurors shall render
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