JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 87

perty to be condemned, and they shall. reduce the testimony to writing, if any is taken by them; and after the testimony is closed and without any un- necessary delay, and before proceeding to the exami- nation of any other claims, they shall ascertain and determine the compensation which ought to be made by the said president and directors to the parties owning said property, according to their respective interests in it, for taking the same for the purposes of said road, and the said jury shall reduce their in- quisition to writing and sign and seal the same, and it shall be returned by the sheriff to the Circuit Court for Frederick county, within twenty days after the finding, and shall be tiled by the Clerk of the Circuit Court for Frederick county, in said court.	Determine Compensat'n.
SEC. 4. And be it enacted, That the said inquisi- tion shall be confirmed by said court at the first term held after filing the same, unless cause be shown to the contrary, notice being first given to the opposite party, or their agent or attorney, or left at their usual place of abode, at least five days before the day fixed by the court for acting on such inquisition, and such inquisition when confirmed, shall be recorded by said	Inquisition Confirmed.
clerk at the expense of said president and directors; provided, that if such party does not reside in Fred- erick county, or has no agent or attorney, no notice shall be required; and if said inquisition shall be set aside, the court shall direct another inquisition to be held by the sheriff in the manner provided by the foregoing sections.	Proviso.
SEC. 5. And be it enacted, That every such inquisi- tion shall describe the property taken, the purpose for which it is to be used, and the value of the dam- age the owner will sustain thereby, and such valua- tion when paid or tendered to the owners of such property, or their agent or attorney, shall entitle the said president and directors, to use such property for the purpose required for said road.	Valuation.
SEC. 6. And be it enacted, That whenever the said president and directors shall require land along the said road for the purpose of erecting a toll-gate or toll-house, and shall not be able to agree with the owner thereof for the same, then the said president	Cond'mn land for toll-gate, toll-house, &c