2498 ARTICLE 11.

CARROLL CREEK.

P. L. L., 1888, Art. 11, sec. 248. 1918 Code, sec. 302. .

281. They shall have full power and authority to open, widen, deepen
and straighten the channel of Carroll Creek whenever they may deem it
advisable, expedient or necessary, within the police limits of Frederick
City, so as to prevent any part of Frederick from being inundated by
floods in said creek, and to purchase all such real estate as may be neces-
sary for such purpose, and receive deeds for the same.

P. L. L., 188S, Art. 11, sec. 249. 1918 Code, sec. 303.

282. In case the Mayor and Aldermen and the owner of the real estate
wanted for the purpose of opening, widening, deepening or straightening
said creek, cannot agree upon the price of such real estate, or in case the
owner of the same be a feme covert, under age, non compos mentis, or
out of the county, the mayor of said city shall make application to any
justice of the peace of the State of Maryland, in and for Frederick County,
who shall thereupon issue his warrant, under his hand and seal, directed
to the sheriff of said county, requiring him to summon twenty persons, who
shall be freeholders, and otherwise qualified to act as jurors, not interested
in the property to be valued, to meet at. or near the property to be valued,
on a day named in said warrant, not less than ten nor more than twenty
days after the issuing of the same; and if, at the time and place named
in said warrant, any of the jurors summoned do not attend, the sheriff
shall immediately summon as many jurors as may be necessary, with the
jurors in attendance, to furnish a panel of twenty jurors in attendance,
and from them each party, or his agent, or if either be not present, in
person or by agent, the sheriff may strike off four jurors, and the remain-
ing twelve shall act as the jury of inquest of damages; and before they
act as such, the sheriff shall administer to each juror an oath or affirma-
tion, as the case may be, that he will justly and impartially value dam-
ages which the owner will sustain by the condemnation of the property
required by the corporation; and the jury, in estimating such damages,
shall take into account the benefits resulting to the owner from the open-
ing, widening, deepening or straightening said creek, through, along or
near to the property of said owner, but only in extinguishment of the
claim 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 Coun: for said county, and by such clerk
filed in his court, and shall be confirmed by the court at its next session,
if no sufficient cause to the contrary be shown, and when confirmed shall
be recorded by the clerk at the expense of the corporation; but if set aside,
the court may order another inquisition to be taken in the manner above
prescribed; and such inquisition shall describe the property taken, or the
bounds of the land condemned, and the quantity or duration of the interest
in the same, valued for the corporation of Frederick; and such valuation,
when paid or tendered to the owner of the property, or his legal repre-
sentatives, shall entitle the said mayor and aldermen to the estate and