LAWS OF MARYLAND.

1844.

Woodsborough road, to Lewistown, Catoctin Furnace,
Mechanicstown, and thence to Emmettsburg; provided,
that the company may use the bed of the public road or
roads, now leading from Frederick city or any point on
said Frederick and Woodsborough turnpike road to Lew-
istown, Catoctin Furnace, Mechanicstown and Emmetts-
burg, or so much thereof as they may find necessary.

CHAP. 136.

Proviso.

SEC. 9., And be it enacted, That the President and
Managers of said company may agree with the owners of
land for the purchase of land required for said road, and
also for the purchase of stone, gravel, earth and sand for
said road; and in all cases where they are unable to agree

President and
managers to
purchase land.

with the owners or the owner, should he or she be a feme
covert or non compos mentis, or under age, the said
president may apply to a justice of the county aforesaid,
which justice shall thereupon issue his warrant to the
sheriff of said county, commanding him to summon twen-
ty disinterested persons, qualified to act as jurors in the
county court, to meet upon the land; after four are strick-
en off the pannel by the president or his agent, and four
by the persons interested, or in his, her or their absence
or refusal, by the said sheriff; the said sheriff shall

Feme covert,
non compos
mentis or un-
der age.

qualify the twelve remaining persons, either by oath or
affirmation, as the case may be, justly, truly and impar-
tially, to value the damages which may be sustained by
the owner or owners of such material or land required by
such company; and the said jurors shall, after valuing
said damages, return the same under their hands and
seals, to the clerk of Frederick county court, to be by him
recorded; and said damages shall be paid by the com-
pany into the hands of the sheriff of said county, for the
persons mentioned in said return respectively, before the
said company shall proceed to remove said materials, or
to use the said land or said road; and the justice, sheriff
and clerk, shall be entitled to receive the same fees for
services under this act as they are allowed in similar cases;

Jurors to qual-
ify.

and the persons summoned as jurors shall each receive
one dollar per day during their attendance, which fees
and allowance shall be paid by said company; and the
said company or their agents shall have power to remove
said materials across any land not in meadow or grain,
upon paying a reasonable compensation to the owner or
owners for any injury or damages to be ascertained by a
jury as above, in case it cannot be obtained by agree-
ment.

Jurors to re-
ceive $1 per
day.

SEC. 10. And be it enacted, That the said company
shall cause the said road to be laid out and opened, which
said road shall be fifty feet in width, and shall cause eigh-

Company to
lay out and o-
pen said road.