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railroads, authorised by this act shall have the
right if they cannot agree with the owners of any
lands, earth, gravel, stone or other materials wan-
ted for the construction or repairs of such road or
roads, for the purchase, use or occupation of the
same, or if the owner or owners or any of them be
a feme covert, under age, non compos mentis, or
out of the county, application may be made to any
Justice of the Peace for Allegany county, who
shall thereupon issue his warrant, under his hand
and seal, directed to the Sheriff of said county,
requiring him to summon a jury .of twenty inhabi-
tants of said county not related to the parties, nor
in any wise interested, to meet on the land or near
to the other property or materials to be valued, on
a day mentioned in said warrant, not less than
ten nor more than twenty days after the issuing
of the same, and if at the same time and place,
any of said jurors shall not attend, the Sheriff
shall immediately summon as many jurors as may
be necessary with those in attendance, to furnish
a panel of twenty jurors, and from them, each
party, his, her or their agents, or if either be not
present in person or by agent, the Sheriff for him
or them, may strike off four jurors, and the remain-
ing twelve shall act as the jury of inquest of dam-
ages, and before they act as such, the said Sheriff
shall administer to each of them an oath or affir-
mation as the case may be, that he will justly and
impartially value the damages which the owner
or owners of said land, earth, gravel, stone or
other materials will sustain by the use or occupa-
tion thereof by said company, and if required by
the 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 the property to be condemned, and they
shall reduce the testimony, if any is taken by them,
to writing, and after the testimony is closed in
such case, and without any unnecessary delay,
and before proceeding to the examination of any
other claim, they shall ascertain and determine
the compensation which ought to be justly made
by the said company to the party or parties own-
ing or interested in the real estate or other pro-
perty, appraised by them, and in determining the
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