1852.

LAWS OF MARYLAND.

CHAP. 304.

bed of the rail road company, or taken by them, or any
of their agents or employees, for the use of said rail
road, without the consent or the owner or owners; And
Provided further, that all costs and expenses that may
accrue in consequence of the condemnation of any lands
or materials for the use of said rail road, shall be paid
by said rail road company.

Property to be
condemned.

SEC. 15. And be it enacted, That the president and
directors of said company, or a majority of them, or
any person or persons authorised by a majority of them,
may agree with the owner or owners of any land, earth,
gravel or alone, which may be wanted for the construc-
tion or repair of any of said roads, or any of its works, for
the purchase or use and occupation of the same, and if
they cannot agree, and 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 and material may be wanted, ap-
plication may be made to any justice of the peace of
such county, who shall thereupon issue his war-
rant, under his hand and seal, directed to the sheriff
of said county, requiring him to summon a jury of
twenty inhabitants of said county, not related, nor in
anywise interested, to meet on the land or near to the
oilier property or materials to be valued, on a day
named in said warrant, not less than ten nor more than
twenty days, after the issuing of the same; and if, at
said time and place, any of said jurors summoned, do
not attend, the said sheriff shall immediately summon
as many jurors as may be necessary, with the jurors in
attendance, to furnish a panel of twenty jurors in at-
tendance, and from them, each party, or its, his, her or
their agents, or if either be not present in person or by
agent, the sheriff for him, her, or them, may strike

off four jurors, and the remaining twelve shall act
as the jury of inquest of damages; and before they
act as such, the said sheriff shall administer to 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 will sustain by the use and occu-
pation of the same, required by the company; and if
required by the party or parties whose lands are to be
affected by their proceedings, the jury shall cause to be
summoned such witnesses as the parties may require,
and shall examine them, on oath, in relation to the
value of properly to be condemned, and the damages
to that adjoining, and they shall reduce the testimony,
if any is taken by them, to writing, and after the testi-
mony is closed, in each case, and without any unneces-
sary delay, and before proceeding to the examination of