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said rail road, and may with their agents, enter upon,
use and excavate any lands they may need for the
site of the said road, or the erection of warehouses or
other works necessary to said road, and may build
bridges, fix scales and weights, lay rails, take and use
any earth, timber, gravel, or other materials, for the
construction or repair of any part of said work, and
may make and construct or erect all works necessary
for the completion of said road, and may also own
and employ steamboats or other vessels, to connect
said road with Baltimore.
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CHAP. 536.
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SEC 12. And be it enacted, That the president and
directors of said company, or a majority of them, or
their agents, may agree with the owner or owners of
any land, earth, timber, gravel or other materials, or
any improvements for the construction or repairs of
said road or its' works, for the purchase or use and oc-
cupation 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 be, when
such land or materials may be needed, on application
to a justice of the peace of such county, he shall is-
sue his warrant, under his hand and seal, directed to the
sheriff of said county, requiring him to summon a
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 instan-
ter summon as many jurors as may be necessary
with the jurors in attendance, to furnish a panel of
twenty jurors in attendance, and from them each
party, his, her, or their agent, and if either be not
present 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 before they act as such, the said sher-
iff shall administer to each of them an oath or affir-
mation, as the case may be, that he will justly and
impartially value the damages which the owner or
owners of said lands will sustain by the use or occu-
pation of the same, required by the company, and
the jury in estimating such damages, shall take into
the estimate the benefit resulting to the said owner
or owners from conducting such rail road through or
along the property of the said owner or owners, but
only in extinguishment of the claim of damages, and
the said jury shall reduce their inquisition to writing,
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Inquisition—
how and when
taken.
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