ART. 8. ] CECIL COUNTY.

either party 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.

297

129. The sheriff shall, before the jury proceed to act,
administer to each an oath that he will justly and im-
partially value the damages which the owner or owners
will sustain by the use or occupation of his, her or their
property for the uses and purposes hereinbefore men-
tioned.

Jurors' oath.

130. The jury in estimating the damages sustained
by the owner or owners as aforesaid, shall take into
consideration the benefit resulting to said owner or
owners, by opening or laying said streets, lanes or
alleys, through, along or near the property of said
owner or owners, but only in extinguishment of the
claim for damages; and the said jury shall reduce

How damages
estimated.

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 said county, and
shall be confirmed by said court at its next session
if no sufficient cause to the contrary be shown, and
when confirmed shall be recorded by said clerk at
the expense of 'said president and commissioners.

Inquisition re-
turnable to cir-
cuit court.

131. If said inquisition be set aside, the said court
may direct another to be taken in the same manner as
the first.

New inquisition.

132. Every 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
and condemned by said inquisition, and such valuation,
when paid or tendered to the owner of said property,
or his legal representatives, shall entitle the said presi-
dent and commissioners to the estate, use and interest
in the same, so valued and condemned for the purpose
aforesaid, as fully as if the same had been conveyed by
the owner; and the valuation, if not received from the
said president and commissioners when tendered, may
at any time thereafter be received, without cost, by the
said owner or his legal representatives.

What inquisi-
sition to de-
scribe.