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wanted for the construction or repairs of such road
or roads, tor 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 twelve in-
habitants of said county, not related to the par-
ties, nor in anywise interested, to meet on the
land or near to the other property, or materials
to be valued, on a day named 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 should 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 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
that he will justly and impartially value the
damages which the owner or owners of said land,
earth, gravel, stone or other materials, will sus-
tain by the use or occupation thereof by said com-
pany, 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 testi-
mony, if any is taken by them to writing, and
after the testimony is closed, in such case, and
without any unnecessary delay, and before pro-
ceeding to the examination of any other claim,
they shall ascertain and determine the compensa-
tion which ought to be justly made by said com-
pany to the party or parties owning or interested
in the real estate or other property appraised by
them, and in determining the amount of such
compensation the jury shall not make an allow-
ance or deduction on account of any real or sup-
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