1831

LAWS OF MARYLAND

CHAP. 296.

directed to the sheriff of said county, requiring him to sum-

Jury summoned

mon a jury of twenty inhabitants of said county, not related

nor in anywise interested, to meet on the land, or near to

the other property or materials, to be valued, on a day nam-

Proceedings di-

ed in said warrant, not less than ten or more than twenty

rected.

days after the issuing of the same; and if, at said time and

place, any of said jurors summoned, do not attend, the said

sheriff shall immediately summon as many jurors as may be

necessary, with the. jurors in attendance, to furnish a pannel

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, 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 own-

ers will sustain by the use or occupation of the same, re-

quired by the company, and the jury, in estimating such

damages, shall take into the estimate the benefits resulting

to the said owner or owners, from conducting such rail road

through, along, or near to the property of said owner or

Rule of estimating

owners, but only in the extinguishment of the claim for

damages; and the said jury shall reduce their inquisition to

writing, and shall sign and seal the same, and it shall then

Return is writing,

be returned by the said sheriff to the clerk of his county,

and by such clerk filed in his court, and shall be confirmed

by the said court, at its next session, if no sufficient cause to

the contrary be shewn; and when confirmed shall be re-

Confirmation re-
quiredl.

corded by the said clerk, at the expense of said company,

but, if set aside, the said court may direct another inquisi-

Second inquest.

tion to be taken in the manner above prescribed; and such

inquisition shall describe the property taken, or the bound

Description re-
quired.

of the land condemned, and the quantity of duration of the

interest in the same, valued for the company; and such val-

On payment.

uation, when paid or tendered to the owner or owners of

said property, or his, her, or their legal representatives,

Title vetted.

shall entitle the said company to the estate, and interest in

the same, thus valued, as fully as if it had been conveyed by

the owner or owners of the same; and the valuation, if not

received, when tendered, may, at any time thereafter, be

received from the company, without cost, by the said owner

or owners, his, her, or their legal representative or repre-

Proviso.

sentatives; Provided, That nothing herein contained shall

authorise the said company to take or use any timber, with-

out the consent of the owners thereof, except only such as

shall be on the bed of said rail road.