ART. 24.] WORCESTER COUNTY. 1145

' together with the Mayor and President of the Council shall con-
stitute a commission to examine and report on the proposed
improvement; and if the said commission or a majority of them
shall certify to the Mayor and Council that any land, material
or other property belonging to any person or corporation or the
removal thereof, is necessary or convenient for the construction
of the proposed improvement, then the Mayor and Council may
condemn such property, or may agree with the owner or owners
thereof for the purchase, use, occupation or removal of the
same, and if they can not agree, or if the owner or owners, or
any of them be an infant or 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 county, requiring him to summon a
jury of- twelve qualified voters of said town, above the age of
twenty-one years and qualified to act as jurors under the laws
of this State, and not related to the parties, nor in any wise in-
terested, to meet on the lands or near the material or other
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 present in person or by agent, 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 in-
quest 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 property
required by the Mayor and Council, and assess the 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 Circuit Court for Worcester county, and
shall be filed by the clerk in his 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 con-
firmed shall be recorded by the clerk at the expense of the