J. MILLARD TAWES, Governor 121

conveyed by deed, duly acknowledged and recorded. In case of
failure to agree, or of disability of the owners to contract, or of their
absence from the State, the corporation may obtain the lands, or
property of any kind, or interest therein, earth and stone by condem-
nation. The corporation may proceed to condemn under the pro-
visions of Article 33A of the Annotated Code of Maryland, title
"Eminent Domain !E, J" £or it may proceed, and is hereby expressly
authorized so to do, under the provisions applicable to railroad
companies set forth in Sections 193 and 194 of this article}.

193.

The said president and directors, or their agent or agents, author-
ized by them, may agree with the owner or owners of any land, earth,
gravel, stone, timber, streams or materials, or any improvements
which may be wanted for the proper construction or repair of any
of said roads, or any of their works, for the purchase and use and
occupation or diversion of the same; and if they cannot agree, or if
the owner or owners of any of them be an infant, feme covert, who
is not possessed of the property to her sole and separate use, or
authorized to contract in reference to the same, non compos mentis,
or out of the county where such property wanted may lie, when such
property may be wanted, or for any other cause be legally incapable
of contracting, the company may proceed to condemn under the pro-
visions of Article 33A of the Annotated Code of Maryland, title
"Eminent Domain". '[application may be made by the said company
to any justice of the peace of such county, who shall thereupon issue
his warrant, under his hand and seal, to the sheriff of the county,
requiring him to summon a jury of twenty of the inhabitants of said
county above the age of twenty-one years, and qualified to act as
jurors under the laws of this State, not related to the parties, nor
in anywise 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 many persons similarly
qualified as together with those in attendance shall make up twenty,
and from the panel, each party, his, her, its or their agent or attorney,
or if either party be not present in person or by agent, or being
present in person or agent refuse to strike, 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 administer 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 property required by the said company, and the said jury shall re-
duce their inquisition to writing and sign and seal the same; and it
shall then 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 con-
firmed by said court any time after the expiration of thirty days from
the date of such filing, if no sufficient cause to the contrary be shown,
and when confirmed shall be recorded by said clerk at the expense of
the company; but if the same be set aside the said court shall direct an-
other inquisition to be taken, in the manner above described; and
in case the second or any other inquisition which is confirmed by the
court shall not award to the landowner a larger amount of damages
than was awarded by the first inquisition, the court may in its dis-