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Session Laws, 1853
Volume 403, Page 20   View pdf image (33K)
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20                 LAWS OF MARYLAND.

of the same, or if the owner or owners or any of them
be a feme covert, under age, non compos mentis, or
out of the county, application may be made to any
justice of the peace of Allegany 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 any wise interested to
meet on the land or near to the other property, or materials
to be valued on a day named in said warrant,
not less than ten or more than twenty days after the
issuing of the same, and if at the same time and place
any of said jurors should not attend, the said Sheriff
shall immediately summon as many jurors as may be
necessary with the persons in attendance to furnish a
panel of twenty jurors in attendance, and from them
each party or its, his, her or 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 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 and occupation of the same required by the
company, and if required by the party or parties whose
lands are to be affected by their proceedings, the jury
shall cause to be summoned such witness as the parties
may require, and shall examine them on oath in
in relation to the value of property to be condemned,
and they shall reduce the testimony, if any is taken
by them, to writing, and after the testimony is closed
in such case and without any unnecessary delay, and
before proceeding to the examination of any other
claim, they shall ascertain and determine the compensation
which ought justly to be made by 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 or deduction on account of any real or
supposed benefits which the parties in interest may derive
from the construction of said rail road, and said
company shall give written notice to all persons whose
interest is to be affected by the condemnation of any
lands of the time and place of holding of such inquisition,
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 for Allegany county, and by said clerk filed
in his office, and shall be confirmed by said court at


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Session Laws, 1853
Volume 403, Page 20   View pdf image (33K)
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