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SEC. 12. 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 land, earth, tim-
ber, gravel, stone, or other material, or any improve-
ments which may be wanted for the construction or re-
pair of any of their works, and with the owner or own-
ers of any water or water rights, which may be wanted
for the supply of the same, for the purchase or use and
occupation of the said laid, earth, timber, gravel, stone,
water, or other materials, and if they cannot agree, or
if the owner or owners, or any of them be a feme co-
vert, under age, non compos mentis, or out of Allegany
county, when such lands, waters or material shall be
wanted, application may be made to any justice of the
peace of said county, who shall thereupon issue his
warrant under hand and seal, directed to the sheriff of
said county, requiring him to summon a competent jury
of twenty inhabitants of said county, ten of whom shall
be freeholders, not related or anywise interested, to
meet on the land or near to the property or materials to
be valued, on a day named in said warrant, not less
than twenty nor more than thirty days after the issuing
of the same, and if at said time and place, any of said
jurors summoned do not attend, the sheriff shall imme-
diately summon as many jurors as may be necessary
with the jurats in attendance, to furnish a pannel of
twenty persons in attendance, and from them each party
or its, his, her or their agent, and if either be not present
in person or by agent, the sheriff for him, or her, it or
them, may strike off four persons, 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 damage
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 shall sign and seal the same, and it shall then be
returned by said sheriff to the clerk of the circuit court
of Allegany county, and by him filed in his court, and
shall be. confirmed by said court at its next session, if
no sufficient cause to the contrary be shown, and when
confirmed, shall be recorded by said clerk at the expense
of said company; but if set aside, the said court may
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Property to be
condemned.
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