|
114
|
LAWS OF MARYLAND.
|
|
|
|
and seal, directed to the sheriff of said county, requiring him to
|
|
|
|
summon a jury of twenty inhahitants of said county, not inter-
|
|
|
|
ested in the property to be valued, to meet on or near the land or
|
|
|
|
other property to be valued, on a day named in said summons,
|
|
|
|
not less than fifteen nor more than thirty days after the issuing
|
|
|
|
of the same, for the purpose of condemning such property.
|
|
|
|
SEC. 11. And be it enacted, That if at the time named in said
|
|
|
|
summons any of said jurors summoned do not attend, the sheriff
|
|
|
|
shall immediately summon as many jurors as may be necessary
|
|
|
|
with the jurors in attendance to make up the full number of
|
|
|
Proceed-
|
twenty jurors, and from them each party, or his agent, or if
|
|
|
ings.
|
either be not present in person or by agent, the sheriff, for him,
|
|
|
|
may strike off four jurors, and the remaining twelve jurors shall
|
|
|
|
act as a jury of inquest of damages; and the sheriff shall, before
|
|
|
|
the jury shall proceed to act, administer to each of them an oath
|
|
|
|
that they will justly and impartially value the damages which
|
|
|
|
the owner will sustain by the use or occupation of the property
|
|
|
|
required for the purposes of this act.
|
|
|
|
SEC. 12. And be it enacted, That the jury shall have power to
|
|
|
|
summon such witnesses as the parties may require, and examine
|
|
|
|
them on oath in relation to the value of the property to be con-
|
|
|
|
demned; and having viewed the said property and heard said
|
|
|
|
testimony, they shall without delay, ascertain and determine the
|
|
|
|
compensation which ought to be made to the party owning or
|
|
|
|
being interested in said property to be condemned; and shall
|
|
|
|
thereupon reduce their inquisition to writing and sign and seal
|
|
|
Proceed-
|
the same, and it shall then be returned by the sheriff to the clerk
|
|
|
ings.
|
of the circuit court for Allegany county, shall be filed by the
|
|
|
|
clerk of said court and shall be confirmed by the said court at
|
|
|
|
the term next succeeding the filing thereof with said clerk, un-
|
|
|
|
less sufficient cause to be contrary be shown, and when confirmed.
|
|
|
|
shall be recorded by said clerk at the cost of the mayor and coun-
|
|
|
|
cilmen of Frostburg; and if any objections be filed to such con-
|
|
|
|
firmation, they shall stand for hearing within the first ten days of
|
|
|
|
the first term of the court after said inquisition is returned; and
|
|
|
|
if said inquisition is set aside, said court may direct another in-
|
|
|
|
quisition to issue as is practiced iii other condemnation cases.
|
|
|
|
SEC. 13. And be it enacted, That every such inquisition shall
|
|
|
|
describe the property taken and the bounds of the lands con-
|
|
|
Give title
|
demned and the quantity or duration of the interest condemned,
|
|
|
|
and such valuation when paid or tendered to the owner of said
|
|
|
|
property or his attorney, shall entitle said mayor and councilmen.
|
|
|
|
to the estate and property so valued as fully as if the same had
|
|
|
|
been conveyed by the owner thereof.
|
|
|
|
SEC. 14. And be it enacted, That the said water board are
|
|
|
|
hereby authorized and empowered to do all acts necessary and
|
|
|
|
proper to the carrying out of the provisions of this act, whether
|
|