CECIL COUNTY. 1977

cifically (not beyond one-half of such damage or expense) upon the as-
sessable property of persons benefited thereby; and in the event that the
same shall be so assessed upon the property of said persons, the amounts
so assessed shall be collected by the said treasurer under the authority con-
ferred upon him in Section 179, and the said board shall have power
to pass all necessary ordinances to that end.

P. L. L., 1888, Art. 8, sec. 140. 1880, ch. 435.

189. If on opening or laying out any new street, lane or alley, or on
straightening, widening or draining any street, lane or alley in the town,
the Commissioners cannot agree with the owner of any land or property
wanted for the purpose, for the purchase, use, occupation of the same,
or if the owner be a feme covert, under age, non compos mentis, or out
of Cecil County, application may be made to any justice of the peace for
the county, who shall issue his warrant under his hand and seal, directed
to the sheriff of the county, requiring him to summon a jury of twenty
inhabitants of the county not related to the parties or in any wise inter-
ested, to meet on the land, or near to the property to be valued, on a
day to be named in the warrant, not less than ten nor more than twenty
days after the issuing of the same.

P. L. L., 1888, Art. 8, sec. 141. 1880, ch. 435.

190. If at the same time and place, any of the jurors summoned do not
attend, the sheriff shall immediately summon as many jurors as shall be
necessary, with the jurors in attendance, to furnish a panel of twenty
jurors, and from them each party, or his agent, or if either be not present
in person or by agent, the sheriff for him, may strike off four jurors, and
the remaining twelve shall act as a jury of inquest of damages.

P. L. L, 1888, Art. 8, sec. 142. 1880, ch. 435.

191. Before the jury proceed to act the sheriff shall administer to each
juror an oath that he will justly and impartially value the damages which
the owner will sustain by the use or occupation of his property for the
use hereinbefore named.

P. L. L., 1888, Art. 8, sec. 143. 1880, ch. 435.

192. The jury in estimating the damages shall take into consideration
the benefit resulting to the owner from opening and laying out, straight-
ening, widening and draining said streets, lanes or alleys, through, along
or near to the property of said owner, but only in the extinguishment of
his claims for damages; and the jury shall reduce their inquisition to
writing, and shall sign and seal the same, and it shall then be returned
by the sheriff to the Clerk of the Circuit Court for the county, and shall
be confirmed by said court at its next session, if no sufficient cause to the
contrary be shown, whether on account of insufficiency of damages or other-
wise, and when confirmed it shall be recorded by said clerk at the expense
of said president and commissioners.