Oath.
Jury to estimate
benefits.
Jury to reduce
inquisition
to writing
and to be
filed by clerk
of Circuit
court.
If set aside
court may direct
another
inquisition.
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for said county, who shall thereupon
issue his warrant
under his hand and seal, directed to the sheriff of said
county requiring him to summon a jury of twenty inhabitants
of said county, not related to the parties nor
in anywise interested, to meet on the land or near to
the other property to be valued, on a day named in
said warrant, not less than ten nor more than twenty
days after the issuing of the same; and if at said time
and place any of said jurors summoned do not attend,
the said sheriff shall immediately summon as many jurors
as may be necessary, with the jurors in attendance,
to furnish a panel of twenty jurors in attendance, and
from them each party, or its, his or their agent, if
either be not present in person or by agent, the sheriff,
for him, her, it or them, may strike off four jurors, and
the remaining twelve shall act as a jury of inquest of
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 or occupation of the same for the
purposes hereinbefore named; and the jury in estimating
such damages, shall take into estimate the benefit
resulting to the said owner or owners from opening and
laying out such streets, lanes or alleys, through, along
or near to the property of said owner or owners, but
only in extinguishment of the claim for damages; and
the said jury shall reduce their inquisition to writing,
and shall sign and seal the same, and it shall then be
returned by said sheriff to the clerk of the circuit court
of Cecil county, and by such clerk filed in his court,
and shall be confirmed by said court at its next session,
if no sufficient cause to the contrary be shown, and
when confirmed, shall be recorded by said clerk, at the
expense of the president and commissioners aforesaid;
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, or
the bounds of the land condemned, and the quantity or
duration of the interest in the same, valued as aforesaid,
and such valuation when paid or tendered to the owner
or owners of said property, or his, her or their legal representatives,
shall entitle the said president and commissioners
to the estate, use and interest in the same
thus valued, for the purposes aforesaid, as fully as if it
had been conveyed by the owner or owners of the same;
and the valuation, if not received when tendered, may,
at any time thereafter, be received from said president
and commissioners without cost, by the said owner or
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