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Proviso.
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the line of the said railway may intersect the same
and run on said road; provided, that in case the
consent of the Commissioners of Baltimore county,
and the consent of the owner or owners of any
ground to be occupied by said railway cannot be
obtained, that the President and Directors of said
company may agree with the owners of land for
the purchase and occupation of the land required
for said road, and also for the purchase of stone,
gravel, earth or timber required in the construc-
tion thereof; and in all cases where they are un-
able to agree with such owner or owners, or where
he or they shall be a feme covert, infant, or non
compos mentis, the said President, upon giving
notice in writing of not less than twenty days to
the parties interested, may apply to a Justice of
the Peace of Baltimore county, who shall there-
upon issue his warrant to the Sheriff of said coun-
ty commanding him to summon twenty disinter-
ested persons qualified to act as jurors in the Cir-
cuit Court of Baltimore county to meet upon the
land, and after four of the jurors so summoned are
stricken off the panel by the President of said com-
pany or his agent, and four others by the person
or persons interested in said land, or his or her
agent, or in the absence or refusal to strike off
such persons or their agent, the four to be stricken
off by the Sheriff, the Sheriff shall qualify the
twelve remaining jurors, either by oath or affirma-
tion, as the case may be, justly, truly and impar-
tially to Value the damages which may be sus-
tained by the owner or owners of said land or
materials required by said company, and the said
jury, in estimating the damages, aforesaid, sup-
posed to be sustained by the owner or owners of
the said land required for the construction of said
road shall take into the estimate the benefit result-
ing to said owner or owners, but only in the ex-
tinguishment of the claim for damages, and the
said jury shall reduce their verdict to writing in
the shape of an inquisition, and sign and seal the
same, and it shall then be retained by the Sheriff
and jury, and returned by the Sheriff to the Clerk
of the Circuit Court of Baltimore county, and un-
less good and sufficient cause shall be shown
against the said inquisition, but if the said inqui-
sition shall be set aside the said company may, in
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