1158 FREDERICK COUNTY. [ART. 11.

with the jnrors 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 remaining 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 affirmation, as the case may
be, that he will justly and impartially value the damages 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 opening, 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 court 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 represent-
atives, shall entitle the said mayor and aldermen to the estate
and interest in the same, thus valued, as fully as if it had been
conveyed by the owner of the same; and the valuation, if not
received when tendered, may at any time thereafter be recovered
from the said corporation, without cost, by the said owner, or his
legal representatives.

1870, ch. 814.

250. It shall and may be lawful for the mayor and aldermen
to borrow, on the faith and credit of the corporation of Frederick,
a sufficient amount of money to pay for the condemnation of all
lands and property necessary for the opening, widening, deepen-
ing and straightening of said Carroll creek, for the funding of
the debt already created, and for the cost of such opening, widen-
ing, deepening and straightening, as may be hereafter incurred,