their agents, or if either be not present in person
or by
agent, the sheriff, for him, her or them, may strike off
four jurors, and the remaining twelve shall act as the
jury of inquest for damages; and before they act as
such, the said sheriff shall administer to each of them
an oath or affirmation, as the case may be, that he will
justly and impartially value the damages which the
owner or owners will sustain by the use and occupation
of the same required by the company; and if required
by the parties whose lands are to be effected by their
proceedings, the jury shall cause to be summoned such
witnesses as the parties may require, and shall examine
them, on oath, in relation to the value of the property
to be condemned; and they shall reduce the testimony,
if any is taken by them, to writing, any unnecessary
delay, and before proceeding to the examination
of any other claim, they shall ascertain and determine
the compensation which ought to be justly made to
said company to the party or parties owning or interested
in the real estate appraised by them, and in determining
the amount of such compensation, the jury
shall not make an allowance of deduction on account
of any real or supposed benefits, which the parties, in
interest, may deny them the construction of said rail
road; and the said company shall give notice to all
persons whose interests are to be effected by the condemnation
of any lands, in writing, or by an advertisement
in a newspaper published in the town of Cumberland,
for at least three weeks successively, of the
time and place of holding such inquisition; the said
jury shall reduce their inquisition to writing, and shall
sign and seal the same, and it shall be returned by the
said sheriff to the clerk of the circuit court for Allegany
county, and by said clerk filed in his office, and
shall be confirmed by the said court at its next session,
if no sufficient cause to the contrary be shown, and
when confirmed, shall be recorded by the said clerk, at
the expense of the said company; but if set aside, the
said court may direct another inquisition to be taken in
the manner above prescribed, and such inquisition shall
describe the property taken, the bounds of the land
condemned, and the quantity or duration of interest in
the same, condemned for the company; and such
valuation, when paid into court, or paid or tendered to
the owner or owners of the said property, or to his, her or
their legal representatives, and not before, shall entitle
the said company to the estate, use, and interest thus
valued, as fully as if it had been conveyed by the
owner or owners of the same, and the valuation, if not
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Oath.
Witnesses to
be summoned.
Testimony to
be reduced to
writing.
Notice to be
given.
Inquisition to
be reduced to
writing and
returned to
clerk of Circuit
court.
If set aside,
court may direct
another
inquisition.
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