1120

LAWS OF MARYLAND.

a "feme sole" "feme covert" or without power to contract in
that regard, under age, "non compos mentis" or under any
other legal disabilities to contract, or be out of the county in
which the property may lie, at the time the same is wanted,
then in all such cases application may be made by the said com-
pany to any justice of the peace for the county or city in which
said land, rights or material may lie and thereupon the said
justice of the peace shall issue his warrant under his hand and
seal, directed to the sheriff of the county or city in which said
land, rights or materials may lie, requiring him to summon a
jury of twenty inhabitants of said county or city, not related
to the owner or in anywise interested in said land or material,
and not stockholders of said company, to meet on the land or
near the other property or materials to be valued and con-
demned, on a day named in said warrant not less than ten or
more than twenty days after issuing the same ; and if, at said
time and place, any jurors summoned do not attend, the said
sheriff shall immediately summon as many jurors as may be
necessary with the jurors in attendance to make twenty jurors ;
and from them each party, or its, his, her or their agent, or if
either party be not present in person or by agent, the 'sheriff,
for him, her, it or them, may strike off four jurors, and from
those remaining on the, list the sheriff shall select twelve, to act
as the jury of inquest of damages.
The sheriff shall, before they proceed to act as such, adminis-

Oath to be
adminis-
tered.

ter to each of said jurors an oath or affirmation, as the case
may be, that he will justly and impartially value the damages
which the owner of the property will sustain by reason of
the occupation and taking of said property or materials required
by the eaid company ; and the jury shall reduce their inquisi-
tion to writing, and shall sign and seal the same, and it shall
then be returned by the said sheriff to the clerk of the circuit
court for his county ; and if no sufficient cause to the contrary
be shown within thirty days from the filing of said inquisition,
the same shall be ratified and confirmed by the said court, and
when ratified and confirmed, shall be recorded by said clerk,
at the expense of eaid company ; but if set aside, the court
shall direct another inquisition to be taken in the manner and
form hereinbefore prescribed, and like proceedings shall be had
until an inquisition in reference to said condemnation shall be
confirmed, and every such inquisition shall describe the prop-
erty taken, or the bounds of the land condemned, and the
quantity or duration of interest in the same, valued for the
company ; and such valuation when paid or tendered to the
owner of said property or his legal represenative, after the