502

LAWS OF MARYLAND.

SEC. 15. And be it enacted. That the directors of

said company, or a majority of them or their agents,

may agree with the owner or owners of any lands,

Agree with
owners of land

earth, timber, stone or other material ior the con-

struction or repairs of any part of said road or

branches, or its works, for the purchase, use or occupa-

tion of the same, and in case 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 be when such land

or material may be needed, on application to a justice

of the peace of said county, who shall issue his war-

rant under his hand and seal to the sheriff of said

Sheriff sum-

county, requiring him to summon a jury of twenty

mon jury.

inhabitants of said county, qualified to serve as jurors

in the circuit court of said county, and not interested

in the premises, to meet on the land to be valued

or where the materials needed are, on a day to be

specified in said warrant, not less than ten nor more-

than twenty days after issuing the same, of which

Give five days'

the said sheriff shall give five days' notice to all

notice.

parties interested, if in the county, and in case any

of the jurors aforesaid do not attend, the said sheriff

shall instanter summon as many jurors as maybe

necessary, with the jurors in attendance, to furnish

a panel of twenty jurors in attendance, and from

them each party, his her or their agent may strike

off four jurors, and if either of them be not present in

Who to strike

person or by agent or attorney, or if present shall

off.

tail or refuse to strike off four jurors, the sheriff may

then strike off of said panel as many jurors as may

be necessary to leave twelve jurors only on said

panel, and the twelve jurors thus remaining shall

act as a jury of inquest of damages, and before they

shall act as such the said sheriff shall administer to

each of them an oath or affirmation that he will justly

and impartially value the damages and benefits

which the owner or owners of such land or property

will sustain by the use and occupation of the same

required by said company; and if requested by either

party or their agents or attorneys, the sheriff shall

Summon wit-

summon such witnesses as either party shall desire,

nesses.

and the parties or their agents, or any of the jurors,

may examine them on oath or affirmation adminis-

tered by the sheriff in relation to the value of the

property to be condemned, and the damages and