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Proceedings and Acts of the General Assembly, 1872
Volume 190, Page 2752   View pdf image (33K)
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WM. PINKNEY WHYTE, ESQUIRE. GOVERNOR. 178

age of twenty-one years, not related to either of the
parties or in anywise interested, to meet on the lands,
or near the materials or other property wanted, on a
day named in said warrant, not less than five nor
more than twenty days after issuing the same, and
if at the same time and place, any of the jurors
summoned do not attend, or shall not lie qualified,
the Sheriff' shall immediately summon as many
qualified persons as, together with the other pro-
perly qualified persons in attendance, will furnish
a panel of twenty jurors in attendance, and from
the panel each party, his, her, its or their agent
or attorney, or if either party be not present
in person or by agent, or being present, in
person or by agent, refuse to strike, the Sheriff
for him, her, it or them, may strike off' four per-
sons, and the remaining twelve shall act as the
jury of inquest of damages, and to each, before he
acts as such juror, the Sheriff" shall administer an
oath or affirmation that he will justly and impar-
tially value the land, materials or other property to
be taken, and all other damages which the owner or
owners will sustain by the use and occupation of the
interest and property required by the said company,
and also the benefits and advantages, if any, to ac-
crue to the owner or owners, by the construction of
the said road, as a set-off to the said damages, but
only in extinguishment of the claim for damages,
other than and beyond the actual value of the land
or other property to be taken, and after having made
a fair and just offset, in manner aforesaid, of the
advantages and disadvantages arising from the con-
struction of the railroad, they shall estimate what
amount of damages has been or may be sustained by the
owner or owners respectively, and the said jury shall re-
duce their inquisition to writing, and sign and seal the
same, and it shall then be returned by the said
Sheriff to the Clerk of Superior Court of Baltimore
city, or to the Clerk of the Circuit Court of the
county in which the land or other property may lie,
as the case may be, and shall be filed by such clerk
in his office, and shall be confirmed by the Court at
its next term or session, if no sufficient cause to the
contrary be shown, and when confirmed shall be

Duty of
Sheriff,
Sheriff to
strike for ab-
sentees.
Benefits and
advantages.
Set-off to
damages.
Estimate
damages.
Confirmed-

 

 
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Proceedings and Acts of the General Assembly, 1872
Volume 190, Page 2752   View pdf image (33K)
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