DORCHESTER COUNTY. 2207

ested therein, is an infant, or is now non compos mentis, or lunatic, his
or her legal guardian or committee may appear and represent the same.
But if no legal guardian or committee appear the sheriff shall appoint a
reputable citizen as guardian ad litem to the infant, and as committee
ad litem to the non compos mentis, and he shall represent the infant and
the non compos mentis, respectively, and they shall be bound by his acts.
Such guardian ad litem and such committee shall be paid two dollars per
day.

Sixth. The Commissioners and the parties or persons owning the prop-
erty, or having an interest therein, may respectively leave the decision
of the whole case to the jurors without witnesses, or they may ask that
witnesses may be summoned and called to give evidence. If either party
desires witnesses they shall 'be ordered and summoned before the day fixed
for the meetings, but they may be ordered and summoned on the day
thereof.

As soon as the jurors are sworn, the sheriff shall ask whether either
party desires to order or examine witnesses, and unless one or both par-
ties then ask therefor, they shall be considered as having waived the call
thereof, and they shall not be allowed to call for the same afterwards.
The sheriff, in his report to the Commissioners, shall state whether wit-
nesses were called or not.

Provided, that if one party calls for and examines witnesses, the other
party may on conclusion of evidence of such witnesses also examine wit-
nesses in attendance or at hand in regard to any or all matters involved
in his or her contention. If neither party orders the summoning of wit-
nesses, no after objection shall be entertained to the proceedings, because
no evidence was taken.

Upon the waiver of any call for witnesses, or if they be called and

examined, then after such examinations the jurors shall proceed to the
premises, and take a careful view and observation thereof, and of the
property in the vicinity. They shall then return to the place of meeting
and hear arguments, and afterwards proceed to consider the case and to
render a decision.

They shall take into consideration the actual value of the property to
be condemned, together with the injury that may be done to any other
property of the owner, and they shall further take into consideration the
benefits and advantages that may accrue to the owner from such condem-
nation.

Having reached a decision, the sheriff and the jurors shall sign and

seal the inquisition, and the sheriff shall make a report of his proceedings
to the Commissioners, and with the said report he shall return the inquisi-
tion to them, and they shall have it recorded among the land records in
the office of the clerk of the Circuit Court for Dorchester County, and the
said condemnation upon the tender or payment to the owner of the land

condemned, or to his legal guardian, if an infant, or to his committee or
trustee, if a non compos mentis or lunatic, and his legal costs shall vest the
legal title in fee to the property condemned in the Commissioners of Cam-