WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 653
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ing any street, lane or alley in said town, the said
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commissioners cannot agree with the owner of any
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land or property wanted for the purpose, for the
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purchase, use, occupation of the same, or if the owner
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be a femme covert, under age, non compos mentis,
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or out of Cecil county, application may be made to
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Differences —
how settled.
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any justice of the peace for said county, who shall
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thereupon issue his warrant under his hand and seal,
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directed to the sheriff of said county, requiring him
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to summon a jury of twenty inhabitants of said coun-
ty not related to the parties or in any wise interested,
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to meet on the land, or near to the property to be
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valued, on a day to be named in the warrant, not
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less than ten nor more than twenty days after the
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issuing of the same.
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77. If at the same time and place any of the jurors
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summoned do not attend, the sheriff shall immedi-
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ately summon as many jurors as shall be necessary
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with the jurors in attendance to furnish a panel of
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Summon ju-
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twenty jurors, and from them each party or his agent,
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rors.
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or if either be not present in person or by agent, the
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sheriff for him may strike off four jurors, and
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the remaining twelve shall act as a jury of inquest
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of damages.
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78. The sheriff shall, before the jury proceed to
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act, administer to each an oath, that he will justly
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Administer
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and impartially value the damages which the owner
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oath.
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will sustain by the use or occupation of his property
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for the use hereinbefore named.
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79. The jury, in estimating the benefit resulting
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to the owner from opening and laying out, straight-
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ening, widening and draining said streets, lanes or
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alleys, through, along or near to the property of said
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owner, but only in the extinguishment of the claims
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for damages ; and the jury shall reduce their inqui-
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sition to writing, and shall sign and seal the same,
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Reduce to
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and it shall then be returned by the sheriff to the
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writing.
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clerk of the circuit court for said county, and shall
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be confirmed by said court at its next session if no
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sufficient cause to the contrary be shown, whether
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on account of insufficiency of damages or otherwise,
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and when confirmed, shall be recorded by said clerk
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at the expense of said president and commissioners.
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