1064

LAWS OF MARYLAND.

CHAP. 549

Council may be obtained. But such temporary closing up
or obstruction shall not continue longer than circumstances
make necessary. Whenever the Mayor and Council shall
by ordinance order the opening of a new street or alley, or
the widening or straightening of any existing street or alley,
or the construction of any .park, public square, sewer, wharf,
market house, engine house, city hall or for any other public
improvement, provided they are authorized to make such
public improvement, the Mayor shall, by and with the

Commission
appointed.

consent of the Council, appoint three of the legal voters and
freeholders of the town, not officeholders, who, together
with the Mayor and President of the Council shall consti-
tute a commission to examine and report on proposed
improvement; and if the said commission or majority of
them shall certify to the Mayor and Council that any land,
material or other property belonging to any person or cor-
poration or the removal thereof, is necessary or convenient
for the construction of the proposed improvement, then the
Mayor and Council may condemn such propertj', 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 town when such
property may be wanted, or for any cause be legally incapable
of contracting, application may be made by the Mayor to any
one of the judges of the Circuit Court for Worcester county,
who shall thereupon issue his warrant to the sheriff of the

Jury
summoned.

county, requiring him to summon a jury of twenty qualified
voters of said town, above the age of twenty-one years and
qualified to act as jurors under the laws of this State, not
related to the parties, nor in any wise interested, to meet on
the lands or near the materials of 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 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