466

LAWS OF MARYLAND.

are necessary to enable it to locate, construct, and
maintain such railroad or railroads, as the Presi-
dent and Directors may deem necessary for the
convenient transaction of its business, beginning
at or near the mines of said company, and running
to the Cumberland and Pennsylvania railroad, or
any branch thereof, or to any other railroad now
made, or hereafter to be made, at a point nearest to
paid mine or mines, by the most practicable route.

Mode of pro-
ceedings in a
case of condem-
nation.

Sec. 8 And be it further enacted. That the said
company in locating and constructing any railroad
or railroads, authorized by this act, shall have the
right, if they cannot agree with the owners of any
land, earth, gra'vel, stone or materials wanted for
the construction or repairs of such road or roads,
for the purchase, use or occupation of the same, or
if the owner or owners or any of them be a feme
covert, under age, or non compos mentis, or out of
the county, application may be made to any Jus-
tice of the Peace for Allegany county, who shall
thereupon issue his warrant, under his hand and
seal directed to the Sheriff of said county requiring
him to summon a jury of twenty inhabitants of
said county, not related to the parties, nor in any
wiae interested, to meet on the said land or near to
the other property, or materials to be valued, on a
day named in said warrant, not less than ten nor
more than twenty days, after the issuing of the
same, and if at the same time and place, any of
said jurors shall not attend, the Sheriff shall im-
mediately summon as many jurors as may be neces-
sary with those in attendance to furnish a panel of
twenty jurors, and from them each party, or his or
their agents, or if either be not present, in person
or by agent, the Sheriff for him or them may strike
off four jurors, and the remaining twelve shall act
as the jury of inquest of damages, and before they
act as such, the said Sheriff shall administer to
each of them, an oath or affirmation, as the case
may be, that he will justly and impartially, value
the damages which the owner or owners of said
land, earth, gravel, stone or other materials will
sustain by the use or occupying thereof by said
company, and if required by the parties whose
lands are to be affected, by their proceedings, the
jury shall cause to be summoned such witnesses, as
the parties may require, and shall examine them on