212

LAWS OF MARYLAND.

not less than ten or more than twenty days after the
issuing of the same; and if at the same 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 fur-
nish a panel of twenty jurors in attendance, and from
them each party, or its, his, her or their agent, if either
be not present in person or by agent, the sheriff for him,
her or them, may strike off four jurors, and the remain-
ing twelve shall act as the jury of inquest of damages;
and before they act as such, the said sheriff shall admin-
ister 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 or occupation of the same, required by
the company; and the said jury shall reduce their in-
quisition to writing, and shall sign and seal the same,
and it shall then be returned by the sheriff to the clerk
of the circuit court of his county, and by such clerk
filed in his court, and shall be confirmed by said court
at its next session, if not sufficient cause to the company
be shown; and when confirmed, shall be recorded by
said clerk at the expense of said company, or owner or
owners of properly, as the court may award, but if set
aside, the said court may direct another inquisition to
be taken in the manner above prescribed, and such in-
quisition shall describe the property taken, or the bounds
of the lands condemned and the quantity or duration of
the interest in the same, valued for the company; and
such valuation, when paid or tendered to the owner or
owners of said property, or his, her or their legal repre-
sentatives, shall entitle the said company to the estate,
use of, and interest in the same thus valued, as fully as
if it had been conveyed by the owner or owners of the
same, and the valuation, if not received when tendered,
may at any time thereafter be received from the com-
pany, without cost by the said owner or owners, or his,
her or their legal representative or representatives, and
every juror shall be entitled to one dollar per day while
in attendance, and the sheriff to his regular fees as for

Proviso.

similar services; Provided, always, that no timber
shall be cut on any land other than the bed of the rail
road company, by order of the said rail road company,
or taken by them for the use of the said road, without
the consent of the owner.

Authority to
increase the
stock.

SEC. 6. And be it enacted, That if the capital stock
said company shall be deemed insufficient for the
purposes of this act, it shall and may be lawful for the