1828

LAWS OF MARYLAND.

CHAP. 193.

any part of it; and they, their agents, or those with whom
they may contract for making any part of the same, or their
agents, after the purchase or condemnation thereof in the
manner hereinafter prescribed, may enter upon and use, and
excavate, any land which may be wanted for the scite of
said road, or the erection of warehouses, for other works
necessary to said road, or for any other purpose necessary or
useful in the construction or repair of said road, or its works;
and that thev may build bridges, may fix scales and weights,
may lay rails, may take and use any earth, timber, gravel,
stone, or other materials, which may be wanted for the con-
struction or repair of any part of said road, or any of its
works; and may make and construct all works whatsoever
which may be necessary and expedient in order to the pro-

Proviso

per completion of said road; Provided nevertheless, that
before the company, hereby incorporated, form a junction
with the Baltimore and Ohio Rail Road, or the Baltimore
and Susquehannah Rail Road, they shall obtain the assent
to such junction of the president and directors of said roads
respectively, under their respective corporate seals.

May agree for land

&c

Sec. 15. And be it enacted, That the president and direc-
tors of said company, or a majority of them, or any person
or persons authorised by a majority of them, may agree with
the owner or owners of any land, earth, timber, gravel or
stone, or other materials, or any improvements, which may
be wanted for the construction or repair of any of said roads,
or any of its works, for the purchase, or use and occupation
of the same, and if they cannot agree, and if the owner or
owners, or any of them, be a feme covert, under age, non
compos mentis, or out of the county in which the property
wanted may lie, when such land and material may be want-
ed, application may be made to any justice of the peace of
such county, who shall thereupon issue his warrant, under-
hand and seal, directed to the sheriff of said county, requir-
ing him to summon a jury of twenty inhabitants of said
county, not related, nor in anywise interested, to meet on
the 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 said time and place, any of said jurors summoned,
do not attend, the said sheriff shall immediately summon as
many jurors as may be necessary, with the jurors in atten-
dance, to furnish a pannel of twenty jurors in attendance,
and from them each party, or its, his, her or their agents, or
if either be not present in person or by agent, the sheriff
for him, her, it or them, may strike off four jurors, and the
remaining twelve shall act as the jury of inquest of dama-
ges; and before they act as such, the said sheriff shall admi-
nister to each of them an oath, or affirmation, as the case
may be, that he will justly and impartially value the da-