580

LAWS OF MARYLAND.

tract with reference to the same, non compos mentis, or out of
the city when such property may be wanted, or for any cause
be legally incapable of contracting, application may be made
by the Mayor to any justice of the peace of Harford County, who
shall thereupon issue his warrant, under his hand and seal, to

May summon
jury of
condemnation

the sheriff of the county, requiring him to summon a jury of
twenty qualified voters of said city, 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 property wanted, for
the proposed improvement on a day named in said warrant, not
less than ten nor more than twenty days after issuing the same;
and if at the said time and place any of the said jurors sum-
moned do not attend the said 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

Manner of
obtaining jury.

in person or by agent, refuse to strike, the said sheriff, for
him, her, it or them, may strike off four persons, and the
remaining twelve shall act as the jury of inquest of damages;
and to each, before he acts as juror, the said sheriff shall
administer an oath or affirmation that he will justly and
impartially value the damage which the owner or owners will
sustain by the use and occupation of the property required by
the Mayor and City Council, and assess the benefits to be
derived by the owner thereof from the proposed improve-
ment, and the said jury shall reduce their inquisition to writ-
ing and sign and seal the same; and it then shall be returned

Shall be
confirmed by
court.

by the said sheriff to the Clerk of the Circuit Court for Har-
ford County, and to be filed by said Clerk in his office, and
shall be confirmed by said court if no sufficient cause to the
contrary be shown within thirty days after the time of filing
the same, and when confirmed shall be recorded by said Clerk
at the expense of the Mayor and City Council of Havre de
Grace; but if the same be set aside, the said court shall direct
another inquisition to be taken in the manner above described;

Another
inquisition
may be taken,

and in case the second or any other inquisition which is con-
firmed by the court shall not award to the landowner a larger
amount of damages than was awarded by the first inquisition,

Manner
of proceeding.

the court may, in its discretion, order the costs of the second
or other inquisitions to be paid by the owner or owners of
said land or materials condemned; and the inquisition shall
in all cases describe the property taken or the bounds of
the land condemned, and the quality or duration of the
interest in the same, and the valuation the jury have put