334

FREDERICK COUNTY. [ART. 11.

property of said town, or specially upon the assessable
property of persons benefitted thereby.

Ibid. s. 14.
Proceedings to
condemn land.

Sub-Sec. 2. If on the opening or laying out of any
new street, lane or alley, the said commissioners cannot
agree with the owner of any land or property wanted
for the purposes, for the purchase, use or occupation
of the same, application may be made to any justice of
the peace for said county, who shall thereupon issue
his warrant, under his hand and seal, directed to the

Jury.

sheriff of said county, requiring him to summon a jury
of twenty inhabitants of said county, who shall be
freeholders, and not related to any of the parties or
in anywise interested, to meet on the land or near the
property to be valued, on a day to be named in the
warrant, not less than ten nor more than twenty days
after issuing the warrant.

Ibid. s. 15.
Oath to jurors.

Sub-Sec. 3. The sheriff shall, before the jury pro-
ceed to act, administer to each an oath that he will
justly and impartially value the damages; and if any
of the jurors summoned do not attend, the sheriff
shall immediately summon as many jurors as shall
be necessary, with those in attendance, to finish a
panel of twenty, 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 in-
quest and damages.

Ibid. s. 16.
Damages how
estimated.

Sub-Sec. 4. The jury in estimating the damages,
shall take into consideration the benefit resulting to
the owner from the opening and laying out said
streets, lanes and alleys, through, along or near to
the property of said owner, but only in extinguish-
ment of the 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

Sheriff to make
return to court.

the sheriff to the clerk of the circuit court for said
county, and shall be confirmed by the 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 commissioners. If