886 JOURNAL OF PROCEEDINGS [Mar. 30,

Garey, Steiner,
Gorman, Welfley—14.

Mr. Bannon submitted the following amendment:

AMENDMENT PROPOSED.
Amend by adding:

"That before proceeding to grade the said Baltimore and
Yorktown Turnpike for said Railroad, said Company shall
agree with the owners of the land over which the said steam
Railroad is made for the damages "which may accrue to the
said owners by reason of the construction of said Railroad;
provided, further, that in event that said Baltimore and
Yorktown Turnpike Company cannot agree with the owner
of the land, or if any of them be an infant, non compos men-
tis, or out of the County where the land wanted lies, applica-
tion may be made to any Justice of the Peace of such Coun-
ty, who shall therefore issue his warrant to the Sheriff of
said County requiring him to summons a jury of twenty of
the inhabitants not related to the parties, nor in any ways
interested, to meet on the lands 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 said jurors summoned do not attend, the
Sheriff shall summons as many persons similarly qualified
as together with those iu attendance, will furnish a panel of
twenty jurors in attendance, and from the panel each party,
his, her or their agent or attorney, or if either party be not
present in person or by their agent, the Sheriff, for him, her,
it or them, may strike off four persons, and the remaining
twelve shall act as a jury of inquest of damages, and to each,
before he acts as said juror, the Sheriff shall administer an
oath or affirmation that he shall justly and impartially value
the damages which the owner or owners of the fee will sus-
tain by reason of the use or occupation of so much of their
lands, now used as a Turnpike, as will be converted from the
use of said Turnpike to the use of said steam Railroad; and
the said jury shall reduce their inquisition to writing, and
sign and seal the same, and it shall be returned by the Sher-
iff to the Clerk of the Circuit Court for his County, and be
filed by said Clerk, and shall be confirmed by the said Court,
at its next Term or Session, if no sufficient cause be shown,
and when confirmed by said Clerk, at the expense of said
Company; but if the same be set aside the said Court shall
direct another inquisition to be taken, in the manner above
described, and the inquisition shall, in all cases, describe the
property taken or the bounds of the lands condemned, and
the quantity or duration of the interest in the same, valued