THOMAS SWANN, ESQUIRE, GOVERNOR.

281

of their water works, for the use and occupation of
the same, or for the purchase 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 mate-
rials shall he wanted, application may he made to
any justice of the peace of Anne Arundel county,
who shall thereupon issue his warrant, under hand
and seal, directed to the sheriff of said county, requir-
ing him to summon a jury of twenty inhabitants
of said county, not related nor in any wise interest-
ed, to meet on the land, or near to the other pro-
perty 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 said time and place any of said jurors sum-
moned do not attend, the said sheriff shall im-
mediately summon as many jurors as may he ne-
cessary with the jurors in attendance to furnish a
panel of twenty jurors in attendance, and from
them each party, or its, her, his, or their agent,
if either be not present in person or by their agent,
the sheriff for him, her, it or them, may strike off
four jurors, and the remaining twelve shall act as

In case they
cannot agree
jury to be
summoned.

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 dam-
ages which the owner or owners will sustain by
the use or occupation of the same required by the

Oath.

company; and the said jury shall reduce their in-
quisition to writing, and shall sign and seal the
same, and it shall then be returned by said sheriff
to the clerk of said county, and by such clerk filed
in his court, and shall be confirmed by said court
at its next session, if no sufficient cause to the con-
trary be shown, and when confirmed, shall be re-
corded by said clerk at the expense of said com-
pany, but if set aside, the said court may direct
another inquisition to be taken, in the manner
above described, and such inquisition shall describe
the property taken, or the bounds of the land con-
demned, and the quantity or duration of the inter-
est in the same, valued for the company, and such
valuation, when paid or tendered to the owner or
owners of said property, or his, her, or their legal
representative, shall entitle the said company to

Inquisition to
be reduced to
writing, &c.