LAWS OF MARYLAND

1844.

fix scales and weights, take and use any earth, timber,
gravel, stone or other materials for the construction or
repair of any part of said work, and may make and con-
struct or erect all things necessary for the completion of

CHAP. 233.

the same.
SEC. 13. And be it enacted, That the president and di-
rectors of said company or a majority of them, as their
agents may agree with the owner or owners of any land,
water right, earth, timber, gravel, stone or other materials,
or any improvements for the construction or repair of said
works, or for the purchase or use and occupation of the
same, and in case they cannot agree, or 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 or materials may be need-
ed on application to a justice of the peace of such county,
he shall issue his warrant under his hand and seal, directed
to the sheriff of said county, requiring him to summon a

Agree with
the owners for
land, water,
&c.

jury of twenty inhabitants of said county, to meet on the
land to be valued, on a day specified in said warrant, not
less than five nor more than ten days after issuing the
same, and in case any of the jurors aforesaid do not attend,
the said sheriff shall instanter 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 agent, and if either be not pre-
sent in person or by agent, the sheriff may strike off four
jurors for each of the absent parties, and the remaining
twelve shall act as the jury of inquest of damages, and be-
fore they act as such, the said sheriff shall administer to

Summon a
jury.

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 or water rights will sustain
by the use or occupation of the same, required by the com-
pany, and the jury in estimating such damages, shall take
into the estimate, the benefit resulting to the said owner or
owners from conducting said works or improvement through
or along the property of the said owner or owners, but only

Make oath or
affirmation.

in extinguishment of the claim of damages, and the said
jury shall reduce their inquisition to writing, and shall sign
and seal the same, and it shall then be returned by said
sheriff to the clerk of his county, and by such clerk filed
in his court, and shall be confirmed by said court, at its next
session, if no sufficient cause to the contrary be shewn, and
•when confirmed, shall be recorded by said clerk at the ex-
pense of the said company, but if set aside the court may
direct another inquisition to take place in the mode before
prescribed, and such inquisition shall describe the proper-

Jury reduce
their inqusi-
tion to writ-
ing.