98

LAWS OF MARYLAND.

ful or eligible, and for the purposes aforesaid to
enter upon any land necessary for locating, laying
out, surveying, or making the same or any part
thereof, or to procure land, gravel, earth, wood or
timber for such use, and to obtain the right and
title to the same, as hereinafter provided.

May agree
with owners
of land.

Sec. 17. And be it enacted, That the President
and Directors of the said Company or their agent
or agents authorized by them, may agree with the
owner or owners of any land, earth, materials, or
any improvements which may be needed for the
construction or repair of the said road or roads,
or any of their works, for the purchase or use, and

In case of
disagreement
jury to be
summoned.

occupation of the same; and if they cannot agree,
or if the owner or owners, or any of them, he an
infant, feme covert, or non compos mentis, or out of
the county when such property may he needed,
when such property may be wanted, application
may be made to any Justice of the Peace of such
county, who shall thereupon issue his warrant un-
der his hand and seal to the Sheriff of said county,
requiring him to summon a jury of twenty men,
residents of said county, not related to the parties,
nor in anywise interested, to meet on the lands, or
near the materials or other property needed on a
day named in said warrant, not less than ten, nor
more than twenty days after issuing of the same,
and if at the said time and place any of the said
jurors summoned do not attend, the Sheriff shall
immediately summon as many similarly qualified,
as together with those in attendance will furnish
a panel of twenty jurors in attendance, and from
the panel each party, his, her, its, or their agent
or attorney, or if either party he not present in
person, or by agent or attorney, the Sheriff, for
him, her, it, or them shall strike off four persons

Oath.

for each party and the remaining twelve shall act
as the jury of inquest of damages; and to each,
before he acts as such jurors, the Sheriff shall ad-
minister an oath or affirmation that he will justly
and impartially value and assess the damages
which the owner or owners will sustain by the use
or occupation of the sume required by the Com-
pany, and the jury shall reduce their inquisition
to writing, and sign and seal the same, and it
shall be returned by the Sheriff to the Clerk of the
Circuit Court for his county, and be filed by said
Clerk in his office, and shall be confirmed by the