1835.

LAWS OF MARYLAND,

CHAP. 255.

lock and dam navigation and railways or their appur-

Proceedings direc-

tenances; and if they cannot agree, or if such owner or

ted

owners be a feme covert, unknown, non compos mentis,

under age, or out of the State or county, then on appli-

cation by said president and directors, or their agents,

to any justice of the peace of the county, in which said

lands, timber, stone, earth and gravel lie, the said jus-

tice shall issue his warrant under his hand and seal, to

the sheriff of the county, to summon a jury of eighteen

inhabitants of said county, not related to the parties,

nor interested in the property to be valued, to meet on

ar near to the property to be valued, at a day named in

the warrant, not less than ten nor more than twenty

days after the issuing of the same; and the sheriff shall

on its receipt summon said jury accordingly, and when

the jury meets, if twelve or more attend, shall qualify

all attending as jurors, by administering to them be-

fore they act as such, an oath or affirmation, as the case

may be, that they will justly and impartially value the

damages which such owner or owners will sustain by

the taking of the property required by the company;

and if at least twelve do not attend, the sheriff shall

immediately summon as many more as' may be neces-

sary to make up that number, and shall then qualify

the jury in the same manner; and the said jury are here-

by instructed in estimating said damages, to consider

the benefit which will accrue or has accrued to such

owner or owners, from the construction of said canal

or lock dam navigation or railway, for which it is

wanted, and to make the proper allowance for such

benefit in their verdict, and the inquisition thereupon

taken, shall be signed by the sheriff and at least twelve

of the "jury, and returned by said sheriff to the office

of the clerk of the county court, and unless good cause

be shewn against it, it shall be affirmed by the county

court at the term after it is returned, and shall then be

recorded by said clerk amongst the land records of said

county, but if any such inquisition be set aside, the said

court may at its discretion, as often as it may be neces-

sary direct another to be taken and returned, which

shall be confirmed as aforesaid; and every such in-

quisition as to land, shall ascertain the bounds of