FRANK BROWN, ESQUIRE, GOVERNOE.

said Back river, upon such site between the railroad bridge of
the Philadelphia, Wilmington and Baltimore Railroad Com-
pany, over Back river, and the bridge of Eastern avenue
extended, over the same river, as the directors may select;
and such bridge may be constructed out of steel, iron, stone,
brick or timber, or partly of different materials, and for this
purpose they may purchase all such materials, enter into all
contracts and agreements as may be needful.

917

SEC. 7. And be it further enacted, That the said company,
or the president and directors thereof, or their agent or agents
authorized by them, may agree with the owner or owners of
any land, gravel, stone, timber, materials or any improvements
which may be wanted for the proper construction or repairs of
said bridge or any of its piers, abutments or foundations, or

May purchase
material,

etc.

other needful parts thereof, for the purchase and use and
occupation of the fame; and if they cannot agree with such
owner or owners, or if such owner or owners of any of them
be an infant, feme covert, not possessed of the property to her
separate use and authorized to contract with reference the same,
non compos mentis, or for any other cause be legally incapable
of constructing, application may be made by said company to
any justice of the peace of Baltimore county, who shall there-
upon issue his warrant, under his hand and seal, to the sheriff of
Baltimore county, requiring him to summon a jury of twenty
of the inhabitants of said county, above the age of twenty-one
years, not related to the persons, nor in anywise interested, to
meet on 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, and from the
panel each party, his, her or its, or their attorney or agent, or
if either party be not present in person, or by attorney or
attorneys, or being present in person, or by agent or attorney,
refuse to strike, the sheriff for him, her, it or them, may strike
off four persons, and the remaining twelve shall act as the jury
of inquest of damages; and to each, before he acts as said
juror, the sheriff shall administer an oath or affirmation that
he will justly and impartially value the damages which the
owner or owners will sustain by the use or occupation of the
property required by the said company, and also the benefits
and advantages to accrue to the owner or owners by the con
struction of said bridge, as a set-off to said damages, but only

Power of con-
demnation.