1130 FERRIES. [ART. 37

1888, art. 37, sec. 5. 1860, art. 39. sec. 5. 1799, ch. 83, sec. 5.

5. And the said jury shall then and there, upon viewing the
place, determine how much land, not exceeding two acres and
not including the dwelling-house, garden, orchard or meadow
of the owner or possessor, or any port thereof, shall be neces-
sary and most convenient to be laid off for the use of such
ferry, and the said surveyor, under their direction, shall survey
and lay off the same, and make a correct plat and certificate
thereof, and shall deliver the samp to the said sheriff, to be
returned to the circuit court for the county, and said jury
shall then and there estimate the value of the said land, in
doing which they shall take into consideration all the advant-
ages of its situation for the purpose of keeping a ferry or pur-
suing any other business, having first taken an oath justly and
impartially to value the same land; and they' shall make
inquest of their proceedings as aforesaid, under their hands
and seals, which shall be returned by the said sheriff with the
certificate and plat aforesaid to the next circuit court for the
county.

Ibid. sec. 6. 1860, art. 39, sec. 6. 1799, ch. 83, sec. 5.

6. If the proprietor of the said land shall think himself
aggrieved by the quantity of land laid off, or by the manner of
laying off the same, or by the valuation thereof by the said
jury, he may apply to the said court at any time before the
end of the next court to that at which the proceedings afore-
said shall be returned, who may, in a summary way, examine
the said proceedings, and ratify or correct the same in any of
the particulars above mentioned, and shall thereupon order
and adjudge that the said land shall thenceforward become the
property of the said county forever, upon the value thereof as
aforesaid being paid to the said owner; which judgment and
proceeding shall be recorded; and the clerk of the said court
shall transmit a copy of such order and judgment of the said
court, and a certificate of the valuation of the said land con-
demned, to the county commissioners of the same county, who
shall assess and levy the same in the same manner as other
county expenses, and shall order such sum, when levied, to be
paid over to the person or persons entitled to receive the same
as being interested in such condemned land; and it shall
thereupon be lawful for the said county commissioners to direct
the necessary buildings to be erected thereon at the expense of
the county, and the same shall be annually rented out by them
for the use and benefit of the said county.