8(58 CECIL COUNTY. [ART. 8

assessing the same generally upon the whole of the assessable-
property of said town, or specially upon the assessable property
of persons benefited thereby.

1862, ch. 151.

293. If in the opening and laying ont of any new street, lane
or alley, they cannot agree with any owner of any land or prop-
erty wanted for the purpose, for the purchase, use or occupation
of the same, 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 warrant.

Ibid.

294. Before the, jury proceed to act, the sheriff shall admin-
ister to each juror 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 the 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 &
jury of inquest of damages.

Ibid.

295. The jury, in estimating the damages, shall take into con-
sideration the benefit resulting to the owner from the opening
and laying out of said streets, lanes or alleys through, along or
near to the property of said owner, but only in the 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 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 the commissioners.