THOMAS SWANN, ESQUIRE, GOVERNOR. 563
names of four persons, and the remaining twelve
jurors shall form a panel to assess the value of such
lands or materials ; in case either party fails or re-
fuses to strike as aforesaid the names of four per-
sons, or in case they should both strike the names
of the same jurors, so that there may remain more
than the twelve jurors required, the Sheriff shall
strike from said panel of twenty such names as he
may think proper and as may be necessary to re-
duce the panel to twelve jurors ; the Sheriff shall
qualify each of said twelve jurors so selected by an
oath, which he shall administer to them, or their
affirmation, as the case may be, justly, truly and
impartially to value the damages which may be
sustained by the owner or owners of the land or
materials required as aforesaid, and the said jury
in estimating the damages aforesaid, shall take
into account and estimate the benefit and advan-
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Asses value.
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tages accruing to said owner or owners from the
construction of said railway, but only in lessening
or extinguishing his or their claim for damages as
aforesaid ; and the said jury, besides viewing the
premises, may receive the testimony of witnesses,
which either party may produce upon oath, to be
administered by said Sheriff, and they shall reduce
their verdict to writing, in the shape of an inquis-
ition, and sign and seal the same and deliver it to
said Sheriff, who shall return the same to the
Clerk of the Circuit Court of Baltimore County,
and unless good and sufficient cause shall be shown
against such inquisition, it shall be confirmed by
said Court at the term next succeeding the time of
return of said inquisition ; but if it shall be set
aside by said Court, it shall direct another jury to
be summoned and another inquisition to be taken
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Value dam-
ages.
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in the manner before described ; and when any in-
quisition is confirmed by the Court aforesaid, and
the amount of damages therein awarded is paid
or tendered to the owner or owners of such land
or materials, or paid into the Court aforesaid, the
Company shall be entitled to the estate and inter-
est of such owner in said land or materials, so far
as may be necessary to vest in said Company the
right of way over said land for the purpose of said
Company, or to the use of the material so re-
quired.
Sec. 9. And be it enacted, That the rate of fare
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Inquisition.
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