492

LAWS OF MARYLAND.

his agent, and four others by the person or persons
interested in said land, or his, her or their agent,
or in the absence of or refusal to strike off the four
jurors as aforesaid by the parties interested, his,
her or their agent, then four shall be stricken off
by the Sheriff, and the Sheriff shall qualify the
remaining jurors, either by oath or affirmation, as
the case may be, justly, truly, and impartially to
value such damages as may be sustained by the
owner or owners of such land by reason of such

Damage.

road passing through the same, and make true in-
quisition and return of the amount of such dam-
ages, taking into consideration the advantages and
disadvantages, if any, which may be sustained by
the owner or owners of said land, under their
hands and seals, to the Justice who issued the war-
rant, and that the said finding and decision of the
said jurors shall be returned by the said Justice
of the Peace to the Circuit Court for Baltimore
County aforesaid, and unless good and sufficient
cause shall be shown against the said inquisition,
it shall be affirmed by said Court at the term
next succeeding said return, but if said inquisition
should be set aside, the said Court may, in its dis-
cretion, as often as may be necessary, direct another
inquisition to be taken, as is hereinbefore described ;
provided that it shall not be lawful, without the
consent of the owner or owners, to condemn any
line for said road which shall pass through the
buildings, yards or gardens of such owner or
owners.

Proffer pay-
ment.

Sec. 10. And be it enacted, That on the pay-
ment or tender of payment to the owner or owners
of land so condemned of the amount of damages
which may have been assessed by said inquisition,
after the same shall have been confirmed by the
said Court, the said Company shall be at liberty to
take possession of said land and construct said road
thereon, and do such other acts therein as may be
lawfully done, and the said Company is also em-
powered to erect and make and keep in repair all
such bridges or culverts as may be thought neces-
sary so as not to obstruct however the free current
of streams of water courses.

Sec. 11. And be it enacted, That if the said
Company, after the said road is completed, shall