712

LAWS OF MARYLAND.

the lands or near the materials or other property

wanted, on a day named in said warrant, not less

than ten, nor more than twenty days after issuing

the same; and if at said time and place, any of the

said jurors summoned do not attend, the sheriff shall

immediately summon as many persons similarly

qualified as, together with those in attendance, will

furnish a panel of twenty jurors in attendance, and

from the panel each party, his, her, its or their agent

or attorney, or if either party be not present in per-

son or by agent, or being present in person or by

agent refuse to strike, the sheriff for him, her, it

Sheriiff may

or them, may strike off four persons, and the re-

strike off.

maining twelve shall act as the jury of inquest of

damages ; and to each, before he acts as such juror,

the sheriff shall administer an oath or affirmation,

that he will justly and impartially value the dama-

ges which the owner or owners will sustain by the

use and occupation of the property required by the
said company, and also the benefits or advantages to

accrue to the owner or owners by the construction of

said canal, as a set off to the said damages, but only

in extinguishment of the claims for damages, and

not for the actual vahie of the land or other mate-

rial taken ; and after having made a fair and just off

set of the advantages and disadvantages arising from

the construction of the said canal, they shall estimate

Estimate

and determine what amount of damages has been or

damages.

may be sustained by the said owner or owners re-

spectively ; and the said jury shall reduce their in-

quisition to writing, and sign and seal the same, and

it shall then be returned by the sheriff to the clerk

of the circuit court for his county, and be filed by

said clerk in. his office, and shall be confirmed by

said court at its next term or session, if no sufficient

cause to the contrary be shown, and when confirmed

Recorded

shall be recorded by said clerk at the expense of the

when confir-

company ; but if the same be set aside, the said court

med

shall direct another inquisition to be taken in the

manner above described, and in case of the second

or any other inquisition which is confirmed by the

court shall not award to the land owner a larger

amount of damages than was awarded by the first

inquisition, the court may, in its discretion, order

the cost of said second or other inquisition to be

paid by the said owner or owners of said land or