240

LAWS OF MARYLAND.

CHAPTER 151.

AN ACT to repeal and re-enact with amendment, section
one hundred and sixty-seven of. Article twenty-three of the
Code of Public General Laws, title "Corporations," sub-
title "Railroad Companies," and to ad 1 a new Section to said
Article, to be known as Section one hundred and sixty-
nine A.

Repeal.

SECTION 1. Be it enacted by the General Assembly of Ma-ry-
land, That section one hundred and sixty seven of Article
twenty-three of the Code of Public General Laws, title "Cor-
porations," sub-title, "Railroad Companies," be, and the same
is hereby repealed and re-enacted with an amendment, so as
to read as follows :

Purchase of
land, etc.,
by railroad
companies.

167. The said president and directors, or their agent or
agents, authorized by them, may agree with the owner or
owners of any land, earth, gravel, stone, timber, streams or
materials, or any improvements which may be wanted for the
proper construction or repair of any of said roads, or any of
their works, for the purchase and use and occupation or diver-
sion of the same; and if they cannot agree, or if the owner
or owners or any of them be an infant, feme covert, who is
not possessed of the property to her sole and separate use, or
authorized to contract in reference to the same, non compos
mentis, or out of the county where such property wanted may

Condemna-
tion pro-
ceedings.

lie, when such property may be wanted, or for any other cause
be legally incapable of contracting, application may be made by
the said company to any justice of the peace of such county,
who shall thereupon issue his warrant. under his hand and
seal to the sheriff of the county, requiring him to summon a
jury or twenty of the inhabitants of said county, above the age
of twenty-one years, and quaified to act as jurors under the
laws of this State, not related to the parties, nor in anywise
interested, to meet on the lands or near the materials 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 the said jurors summoned do not
attend, the sheriff shall immediately summon as many persons
similarly qualified, as together with those in attendance, shall
make up twenty, and from the panel, each party, his, her, its
or their agent or attorney, or if either party be not present in
person or by agent or being present in person or agent, refuse
to strike, the sheriff, for him, her, it or them, may strike off