ODEN BOWIE, ESQUIRE, GOVERNOR. 565
them, be feme, covert, under age, non compos mentis,
or out of the county, the Mayor of said city shall
make application to any Justice of the Peace of
the State of Maryland in and for Frederick county,
who shall thereupon issue his warrant, under his
hand and seal, directed to the Sheriff of Frederick
County, requiring him to summon twenty persons,
who shall be freeholders, and otherwise qualified
to act as jurors, not interested in the property to
be valued, to meet at or near the property to be
valued, on a day named in said warrant, not less
than ten nor more than twenty days after the
issuing of the same, and if at the time and place
named in said warrant any of the jurors summoned
do not attend, the said Sheriff shall immediately
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Sheriff to
summons.
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summon as many jurors as may be necessary with
the jurors in attendance to furnish a panel of
twenty jurors in attendance, and from them each
party, or its, his, her, or their agent, if either be
not present in person or by agent, the Sheriff for
him, her, it or them, may strike off four jurors,
and the remaining twelve shall act as the jury of
inquest of damages; and before they act as such
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Continue to
summons.
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the said Sheriff shall administer to each of them
an oath or affirmation, as the case may be, that he
will justly and impartially value the damages
which the owner or owners will sustain by the
condemnation of the same required by the said
corporation ; and the jury, in estimating such
damages, shall take into the estimate the benefits
resulting to the said owner or owners from open-
ing, widening, deepening or straightening said
creek through, along or near to the property of
said owner or owners, but only in extinguish-
ment of the claim for damages ; and the said
jury shall reduce their inquisition to writing,
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Oath.
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and shall sign and seal the same, and it shall
then be returned by the Sheriff to the Clerk
of the Circuit Court for Frederick County, and
by such clerk filed in his court, and shall be
confirmed by the court at its next session, if no
sufficient cause to the contrary be shown, and
when confirmed shall be recorded by the said clerk
at the expense of the said corporation; but if set
aside the court may order another inquisition, to
be taken in the mariner above prescribed; and such
inquisition shall describe the property taken, or
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Sheriff to
make returns
to Circuit
Court.
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