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Proceedings and Acts of the General Assembly, 1874
Volume 211, Page 3426   View pdf image (33K)
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JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 567

wanted, on a day named in said warrant, not less

 

than ten nor more than twenty days after issuing

 

the same ; and if at said time and place any of the

 

said jurors do not attend, or should not be qualified

Said jurors do

to act as such jurors, or should, from sickness or

Dot attend.

from any other cause be unable to serve, the sheriff

 

shall immediately summon as many persons quali-

 

fied as aforesaid, as together with those in attendance

 

will furnish a panel of twenty jurors in attendance,

 

properly qualified and capable of serving as such ;
and from the panel each party, his, her, its or their

 

agents or attorney, or if either party be not present

 

in person or by agent or attorney, or being present

 

in person or by agent or attorney, shall neglect or

 

refuse to strike, then the sheriff for him, her, it or

 

them, may strike off four persons, and if after such

 

striking more than twelve jurors still remain upon

 

such panel, by reason of one or more jurors being

 

stricken by, or on behalf of each side, or from any

 

other cause or neglect, or omission, the sheriff shall

 

strike off as many persons as with those already

 

stricken will amount to eight, and the remaining

 

twelve jurors shall act as the jury of the inquest of

 

damages; and to each, before he acts as such juror,

 

the sheriff shall administer an oath or affirmation,

Administer

that he will justly and impartially value the damages

oath or affirma-

which the owner or owners will sustain by the use

tion

and occupation of the property required by the said

 

company; and also the benefits or advantages, if

 

any, to accrue to the owner or owners by- the con-

 

struction of the said road, as a set-off to the said

 

damages, but only in extinguishment of the claim

 

for damages, other than the value of the land or

 

materials, or other property taken, and not for the

 

actual value of the land or materials, or other prop-

 

erty taken ; and after making a j ust and fair off-set

 

of the advantages and disadvantages arising from the

 

construction of the said railroad, they shall estimate

 

and determine what amount of damages has been or

 

may be sustained by the said owner or owners ; and

 

the said jury shall reduce their inquisition to writing,

 

and sign and seal the same, and it shall then be re-

Sign and seal.

turned by the sheriff to the Clerk of the Circuit

 

Court for his county, or to the Clerk of the Superior

 

Court of Baltimore city, as the case may be, and shall

 

be filed by the said clerk in his office, and shall be

 


 

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Proceedings and Acts of the General Assembly, 1874
Volume 211, Page 3426   View pdf image (33K)
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