1480 LAWS OF MARYLAND. [CH. 680

Section 341. Whenever the Mayor and City Council shall,
by ordinance, order the opening of a new street or alley, or the
construction of any park, public square, sewer, or system of
sewers, water works, gas works, bridge, wharf or other public
improvements, the Mayor shall, by and with the consent of the
Council, appoint three of the legal voters and freeholders of
the City, not office holders, who, together with the Mayor and
City Attorney, shall constitute a commission to examine and
report on the proposed improvement; and if the said commis-
sion, or a majority of them, shall certify to the Mayor and
City Council that any land, building, stone, material or other
property belonging to any person or corporation, or the removal
thereof shall be necessary or convenient for the construction
of the proposed improvement, the Mayor and City Council
may acquire such property, or may agree with the owner or
owners thereof for the purchase, use, occupation or removal of
the same, and if they cannot agree, or if the owner or owners,
or any of them, be an infant, 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 City when such property may be wanted, or for any
cause be legally incapable of contracting, application may be
made by the Mayor to any Justice of the Peace of Harford
County, who shall thereupon issue his warrant, under his hand
and seal, to the Sheriff of the county, requiring him to sum-
mon a jury of twenty qualified voters of said city, above the
age of twenty-one years, and qualified to act as jurors under
the laws of this State, not related to the parties, nor in anywise
interested, to meet on the lands, or near the materials or prop-
erty 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 same time and place any
of the said jurors summoned do not attend, the said 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 said Sheriff for him, her or them may strike off four per-
sons, and the remaining twelve shall act as the jury of inquest
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