804 CECIL COUNTY. [ART. 8,

in the town, the commissioners cannot agree with the owner of
any land or property wanted for the purpose, for the purchase,
use and occupation of the same, or if the owner be a feme covert,
under age, non compos mentis, or out of Cecil county, application
may be made to any justice of the peace for the county, who
shall thereupon issue his warrant, under his hand and seal,
directed to the sheriff of the county, requiring him to summon a
jury of twenty inhabitants of the county, not related to the
parties, or in anywise interested, to meet on the land, or near to
the property to be valued, on a day to be named in the warrant,
not less than ten nor more than twenty days after the issuing of
the same.

1883, ch. 408.

67. If at the same time and place any of the jurors sum-
moned do not attend, the sheriff shall immediately summon as
many jurors as shall be necessary, with the jurors in attendance,
to finish a panel of twenty jurors, 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 inquest of damages.

Ibid.

68. Before the jury proceed to act, the sheriff shall administer
to each juror an oath that he will justly and impartially value
the damages which the owner will sustain by the use or occupa-
tion of his property for the said purpose.

Ibid.

69. The jury in estimating the damages shall take into con-
sideration the benefit resulting to the owner from opening, laying
out, straightening, widening and draining said streets, lanes or
alleys, through, along or near to the property of said owner, but
only in the extinguishment of his 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 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 con-
trary be shown, whether on account of insufficiency of damages
or otherwise, and when confirmed, it shall be recorded by said