58

LAWS OF MARYLAND.

and Delaware Rail Road Company shall be excluded
from voting at any election or meeting of said Com-
pany on account of the arrearages named in the
eight section of the charter of said company; Provi-

Proviso.

ded, The said arrearages be paid to the Treasurer,
or other authorized agent of said company before of-
fering to vote.

Mode of pro-
ceeding in a
condemnation.

SEC. 2. And be it enacted, That the mode of pro-
ceeding in a condemnation by jury provided for, by
the thirteenth section of said charter, shall be as fol-
lows, viz: if either party be dissatisfied with the dam-
ages assessed by the Commissioners, as directed by
said section, such party may within six months after
the said Commissioners have made their returns,
make application to any justice of the peace of such
county, who shall thereupon issue his warrant, under
hand and seal to the Sheriff of the county, requiring
him to summons a jury of twenty impartial men 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 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 many persons similarly qual-
ified, as together with those in attendance, will fur-
nish a panel of twenty Jurors; and from the panel
each party, his, her, its, or their agent or attorney,
or ii either party be not present, in person or by
agent or attorney, the sheriff, for him, her, it or them,
may strike off four persons, and the remaining twelve
shall act as the jury of inquest of damages, and to
each, before he acts as juror, the sheriff shall admin-
ister an oath or affirmation, that he will justly and
impartially, value the damages, which the owner or
owners, will sustain by the use and occupation of
the same, required by the company, and the 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 the said Clerk in his office,
ana the said verdict, unless set aside for cause, shall
be conclusive as to the quantum of damage. If any
increased damage shall be found by the jury, such
increased amount, together with the amount assessed
by the Commissioners (unless the same shall have
been previously paid by the company,) shall be a
lien on all the property of the company, and shall be
paid or deposited within sixty days, or the said com-