70

LAWS OF MARYLAND.

repair of any part of said road, or any of its works,
and may make and construct all works whatsoever
necessary or expedient in order to the proper com-
pletion of said road.

Sec. 11. And be it enacted, That the President
and Directors of the Antietam Railroad Company,
or a majority of them or any person or persons
authorized by a majority of them, may agree with
the owner or owners of any land, earth, timber,
gravel, stone or other material, or any improve-
ments which may be wanted for the construction
or repair of any of said roads, or of any of their

May purchase.

works, for the purchase or use and occupation of
the same; and if they cannot 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
land or materials shall be wanted, application may
he made by the President of the Company to any
Justice of the Peace of such county, who shall
thereupon issue his warrant under his hand and
seal, directed to the Sheriff of said county, re-
quiring him to summon a jury of twenty in-
habitants, freeholders of said county, not related
nor in anywise interested, to meet on the land, or
near to the property or material 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 said time and place any of
said jurors summoned do not attend, the said

May condemn.

Sheriff shall immediately summon as many jurors
as may he necessary with the jurors in attendance,
to furnish a panel of twenty jurors in attendance,
and from them each party, or its, his, her or their
agents, or if either be not present in person or by
agent, the Sheriff for him, her, it, 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 ad-
minister to each of them an oath or affirmation,
as the case may be, that he will justly and impar-
tially value the damages which the owner or own-
ers will sustain by the use or occupation of the
land required by the Company; and the jury, in
estimating such damages, shall take into the esti-
mate the benefits resulting to the said owner or
owners from conducting such railroad through or