ART. 8.] CECIL COUNTY. 447

and may, with the consent of two-thirds of the owners of the
property through which they may pass, open new streets, lanes
and alleys.

75. They shall have power to provide for the payment of the
damages and expenses of opening, widening, laying out and
grading of streets, lanes and alleys in said town, by levying and
assessing the same generally upon the whole of the assessable
property of said town, or specially upon the assessable property
of persons benefited thereby.

76. If on opening or laying out any new street, lane or alley,
the said commissioners cannot agree with the owner of any land
or property wanted for the purpose for the purchase, use or occu-
pation of the same, or if the owner be a feme covert, under age,
non compos mentis, or out of Cecil county, application may be
made to any justice of the peace for said county, who shall there-
upon issue his warrant, under his hand and seal, directed to the
sheriff of said county, requiring him to summon a jury of twenty
inhabitants of said county not related to the parties or in any
wise interested, to meet on the land, or near to the property to
be valued, on a day to be named in the warrant, not less than
ten nor more than twenty days after the issuing of the same.

77. If, at the said time and place, any of the jurors summoned
do not attend, the sheriff shall immediately summon as many
jurors as shall be necessary, with the jurors in attendance, to
furnish a panel of twenty jurors, and from them each party or
his agent, or if either be not present in person or by agent, the
sheriff for him, may strike off four jurors, and the remaining
twelve shall act as a jury of inquest of damages.

78. The sheriff shall, before the jury proceed to act, administer
to each an oath that he will justly and impartially value the
damages which the owner will sustain by the use or occupation
of his property for the uses hereinbefore named.

79. The jury in estimating the damages shall take into esti-
mate the benefit resulting to the owner from opening and laying
out said streets, lanes or alleys through, along or near to the
property of said owner, but only in the extinguishment of the
claims for damages; and the jury shall reduce their inquisition
to writing, and shall sign and seal the same, and it shall then be
returned by the sheriff to the clerk of the Circuit Court for said