1832.

LAWS OF MARYLAND.

CHAP. 55.

Authority to pur-

chase land

Sec. 2. And be it enacted, That the President of the
united States or any person duly authorised by him shall
have power and authority to agree with and purchase from

making said road, or any of its works; and if no contract
can be made for land and materials for the road and works
aforesaid, with the owner or owners thereof, or any owner

tis, or out of Allegany county, where the property wanted
may lie, implication may be made to any justice of the
peace of the county, who shall thereupon issue his warrant
under his hand and seal, directed to the Sheriff of Allega-

said county, not related to either party, or in anywise inter-
ested in the premises, to meet on the land or near the pro-
perty or materials to be valued, on a day to he named in
said warrant, not less than ten, nor more than twenty days
after issuing the same, and if at any such time and place,
any of said jurors summoned shall not attend, the said

Jury.

Sheriff shall immediately summon as many jurors as may
be necessary with the jurors in attendance to furnish a
pannel of twenty jurors in attendance, and from them each
party, his, her or their agents, or guardian or attorney, or
either of them, may strike out four jurors, and the remain-
ing twelve shall act as the jury of inquest of damages,
and if either party shall not be present or refuse to strike,
the Sheriff shall strike four jurors, for the patty so refu-
sing or being absent, and if each party shall strike, the
same juror or jurors, the Sheriff aforesaid, shall strike a
sufficient number to reduce the pannel to twelve.

Oath

Sec. 3. Aind be it enacted, That before any jurymen shall
act as such, the Sheriff shall administer an oath to each of
them, that he will justly and impartially value the dama-
ges, which the owner or owners will sustain by the use and
occupation of the said land and materials required, and
the expense of recording the proceedings in the county

Variation.

court, and the jury in estimating such damages shall take
into the estimate the benefits resulting to said owner or
owners, from conducting said road, through or near his, her
or their estate, but only in extinguishment of the claim for

Inquisition in

writing

damages; and the said jury shall reduce their inquisition to
writing, and shall sign and seal the same.
Sec. 4. And be it enacted, That the said Sheriff shall re-

Sheriffs return.

turn said inquisition to the Clerk of Allegany county court,
which shall be filed in court, and shall be confirmed by
the county court of Allegany county, at its next session