1860.

LAWS OF MARYLAND.

CHAP. 265

poses of this act, for the purchase thereof; or in
case the owner or owners thereof are minors, feme
covert or non compos mentis, or not resident of the
county of Frederick, it shall and may he lawful on
application of said president and directors for any
justice of the peace in and for Frederick county, to
issue his warrant to the sheriff of Frederick coun-
ty, commissioning the said officer to summon five in-
habitants of said county, not related to the said
owners, nor in any manner interested, to meet
where the land or materials are to be valued at a
day to be expressed in the warrant, of which five
days' notice shall be given by the sheriff to the
owner or occupant of said lands, and to the presi-
dent of this company, said owner if an infant or
non compos mentis, to his or her guardian, and if
he or she should reside out of the county as afore-
said it shall be the duty of the said sheriff to noti-
fy him or her of the time and place where said
jury or arbitrators are to meet by making publi-
cation thereof in some newspaper printed in Fred-
erick city for three successive weeks before the
time appointed, and the sheriff on receiving said
warrant shall proceed to summon said arbitrators,
and when they have assembled he shall administer
an oath or affirmation, as the case may be, to each,
to value said materials, impartially and honestly;

Damages.

or if it be land, they shall be required to value
said land impartially and honestly and assess the
damages, if any, that said owner or owners may
sustain by the passing of said road through his or
her premises, taking into consideration the con-
venience and value he or she may derive from the
improvement and widening of said road with its
benefits and advantages to the best of their skill
and judgment, and the inquisition or arbitration
thus taken shall be signed by the sheriff or his
deputy in his behalf, and at least three of the ar-
bitrators, which said arbitration, shall be conclu-
sive to all the parties interested and without ap-
peal, the same shall be returned to the clerk of
the Circuit court for Frederick county, to be by
him recorded at the expense of the company and
of the owner or owners, the one-half of the costs
in the case to be paid by the said company, and
the residue by the owner or owners, and the
amount of said arbitration as damages shall be
paid to the said owner or owners or his, her or
their legal representatives by the president and di-