ROBERT M. McLANE, ESQUIRE, GOVERNOR.

485

owner or owners of any real or leasehold estate, spring,

brook, water or water course, earth, timber, stone or

other materials, or with the owner or owners of any

lands or leasehold estate through which they may find

In case of dis-
agreement.

it necessary to have a right of entry or passage for the

purpose of conveying water into said town, or if the

owner of such real or leasehold estate, spring, brook,

water or water course, earth, timber, stone or other ma-

terial are under any disability or incapacity to contract,
or absent from the coun ty, or unknown, it shall be lawful

for said commissioners, or a majority of them, to apply

to any justice of the peace of Allegany county, who

shall thereupon issue his summons under his hand and

seal, directed to the sheriff of said county, requiring

him to summon a jury of twenty inhabitants of said

Summon jury

county, not interested in the property to be valued,

to condemn.

to meet on or near the land or other property to be

valued, on a day named in said summons, not less than

fifteen nor more than thirty days after the issuing of

the same, for the purpose of condemning such property.
SEC. 8. And be it enacted, That if, at the time named

in said summons, any of said jurors summoned do not

attend the sheriff shall immediately summon as many

Summon more

jurors as may be necessary with the jurors in attend-

jurors.

ance to make up the full number of twenty jurors,

and from them each party or his agent, or if either be

not present in person or by agent, the sheriff, for him,

may strike off four jurors, and the remaining twelve

jurors shall act as the jury of inquest of damages; and

the said sheriff shall, before the said jury shall pro-

ceed to act, administer to each of them an oath that

Administer

oath.

they will justly and impartially value the damages

which the owner will sustain by the use or occupation

of the property required by said corporation.

SEC. 9. And be it enacted, That said jury shall have

power to summon such witnesses as the parties may

require, and examine them on oath in relation to the

Examine In re-
lation to value.

value of the property to be condemned, and having

viewed the property to be condemned and heard said

testimony they shall, without delay, ascertain and

determine the compensation which ought to be made

by said corporation to the party owning or being in-

terested in said property to be condemned, and shall

thereupon reduce their inquisition to writing, and sign

and seal the same, and it shall then be returned by

the sheriff to the clerk of the circuit court for Allegany