424

LAWS OF MAR1LAND.

tion or repairs of said road or its works, for the

purchase or use and occupation of the same; and

in case they do not agree, or if the owner or

owners or any of them be a feme covert, under age,

non compos mentis, or out of the county in which

the property wanted may lie when such lands or

materials may be needed, on application to a jus-

tice of the peace of such county he shall issue his

warrant, under his hand and seal, directed to the

Summon jury.

sheriff of said county, requiring him to summon

a jury of twenty inhabitants of said county, to

meet on the land to be valued on a day specified

in said warrant, not less than five nor more than

ten days after issuing the same; and in case any

of the jurors aforesaid do not attend, the said

sheriff shall instanter summon as many jurors as

may be necessary with jurors in attendance, and

from them each party, his, her or their agent, and

if either be not present in person or by agent, the

sheriff may strike off four jurors for each of the

absent parties, and the remaining twelve shall act

as the jury of inquest of damages; and before

they act as such, the said sheriff shall administer

Administer
oath.

to each of them an oath or affirmation, as the case

may be, that he will justly and impartially value

the damages which the owner or owners of said

land will sustain by the use or occupation of the

same required by the company; and the jury,

estimating such damages, shall take into the esti-

mate the benefits resulting to the said owner or

owners from conducting such railroad through or

along the property of the said owner or owners,

but only in extinguishment of the claim of dam-

ages; and said jury shall reduce their inquisition

Reduce to

to writing, and shall sign and seal the same, and

writing.

it shall then be returned by the said sheriff to the

clerk of his county, and by such clerk 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 the said company;

but if set aside, the said court may direct another

Another in-
quisition.

inquisition to take place in the mode before pre-
scribed, and such inquisition shall describe the

property taken, or the bounds of the land con-