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SEC. 2. And be it enacted, That the president and
directors of the Patapsco company, or their agent or
agents authorised by them, may agree with the owner
or owners of any land, earth or materials, or any im-
provements which may be wanted for the construction
or repairs of any of the said roads or any of their works
connected with said road, for the purchase or use and
occupation of the same; and if they cannot agree, or if
the owner or owners or any of them be an infant, feme
covert, non compos mentis, or out of the county where
such property wanted may be, when such property
may be wanted, application may be made to any
justice of the peace of such county, who shall there-
upon issue his warrant, under his hand and seal, to the
sheriff of the county, requiting him to summon a jury
of twenty of the inhabitants, not related to the parties
nor in any wise interested, to meet on the lands or near
the materials or other property wanted, on a day named
in said warrant, not less than ten nor more than twenty
days after issuing the same; and if at said time and
place any of the said jurors summoned do not attend,
the sheriff shall immediately summon as ninny persons,
similarly qualified, as, together with those in attendance,
will furnish a panel of twenty jurors in attendance,
and from the panel each parly, his, her, its or their
agent or attorney, or if either party be not present in
person or by agent, the sheriff for him, her, it or them
may strike off four persons, and the remaining twelve
shall act as the jury of the inquest of damages; and to
each, before he acts as such juror, the sheriff shall ad-
minister an oath or affirmation, 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 inquisition to writing and sign and
seal the same, and it shall be returned by the sheriff to
the clerk of the circuit court for his county, and be
filed by said clerk in his office, and shall be confirmed
by the said court at its next term or session, if no suf-
ficient cause to the contrary be shown, and when con-
firmed, shall be recorded by the said clerk at the ex-
pense of the company; but if the same be set aside,
the said court shall direct another inquisition to be
taken, in the manner above described, and the inquisi-
tion shall, in all cases, describe the property taken, or
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Property to
be condemn-
ed.
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