JOHN WALTER SMITH, ESQ., GOVERNOR.

193

property belonging to any person or corporation, or the removal
thereof, shall be necessary or convenient for the construction of
the proposed improvement, the Mayor and City Council may
acquire such property, or may agree with the owner or owners
thereof for the purchase, use, occupation or removal 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
with reference to the same, non compos mentis, or out of the
city when such property may be wanted, or for any cause be
legally incapable or contracting, application may be made by
the Mayor to any justice of the peace of Harford county, who
shall thereupon issue his warrant, under his hand and seal, to
the sheriff of the county, requiring him to summon a jury of

CHAP. 127.

twenty qualified voters of said city above the age of twenty-
one years, and qualified to act as jurors under the laws oi
this State, not related to the parties, nor in anywise interested,
to meet on the lands, or near the materials or property
wanted, for the proposed improvement, on a day named in said
warrant, not less than ten nor more than twenty days after
issuing the same ; and if at the same time and place any of the
said jurors summoned do not attend, the said 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 by agent, refuse to strike,
the said sheriff for him, her or them, may strike off four
persons, and the remaining twelve shall act as the jury of
inqnest of damages ; and to each before he acts as juror, the
said sheriff shall administer an oath or affirmation that he
will justly and impartially value the damage which the owner
or owners will sustain by the use and occupation of the prop-
erty required by the Mayor and City Council, and assess the

Jury of con-
demnation
to be
appointed.

benefits to be derived by the owner thereof from the proposed
improvement, and the said jury shall reduce their inquisition
to writing and sign and seal the same; and it then shall be
returned by the said sheriff to the clerk of the Circuit Court
for Harford County, to be filed by said clerk in hie office,
and shall be confirmed by said Court if no sufficient cause
to the contrary be shown within thirty days after the time of
filing the same, and when confirmed shall be recorded by said
clerk at the expense of the Mayor and City Council of Havre
de Grace, but if the same be set aside, the said Court shall
direct another inquisition to be taken in the manner above
described ; and in case the second or any other inquisition
which is confirmed by the Court, shall not award to the land
13

Inquisition
to be reduced
to writing.