THOMAS SWANN, ESQUIRE, GOVERNOR. 879
the Sheriff shall immediately summon as many
persons similarly qualified, as together with the
jurors in attendance, will furnish a panel of twenty
jurors, and from the panel each party, his, her or
their orits attorney or agent, or if either party be not
present in person or by agent, the Sheriff for him,
her or them, or it may strike off four persons, and
the remaining twelve shall act as the jury of in-
quisition of damages ; and to each before he acts
as such juror the Sheriff shall administer an oath
or affirmation that he will justly and impartially
value the damages which the owner or owners will
sustain by the use or occupation of the said lands
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so required to be taken, and the said jury on as-
sessing the damages aforesaid shall take into con-
sideration the benefit derived to the property from
the road itself, and shall reduce their inquisition
to writing, and sign and seal the same, and it
shall be returned by the Sheriff to the Clerk of
the Circuit Court of Baltimore County, and be
filed by said Clerk in his office, and shall be con-
firmed by said Circuit Court at its next session if
no sufficient cause to the contrary be shown, and
all objections to said inquisition shall be filed
with the said Clerk of said Circuit Court within
forty days after the said inquisition shall have
been filed in his office ; and when said inquisition
shall have been confirmed it shall be recorded by the
Clerk at the expense of said Company ; but if the
same be set aside, the Circuit Court of said county
shall direct another inquisition to be taken in the
manner above described, and the inquisition shall
in all cases describe the land condemned, and the
quantity or duration of the interest in the same
valued for said Company, and such valuation when
paid or tendered to the owner or owners of the
property, his, her or their legal representatives,
shall entitle the said Company to the estate and
interest in the same thus valued, as if it had been
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Assess dam-
age.
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legally conveyed by the owner or owners of the
same, and the valuation if not received when ten-
dered may be received at any time thereafter with-
out costs from the said Company by the owner or
owners, or his, her or their legal representatives ;
provided, that until said valuation is paid or ten-
dered by said Company, said Company shall not
be authorized to take possession of the lands, ex-
cept to go over, examine and survey the same.
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Valuation.
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