48
LAWS OF MARYLAND.
Provisoes.
|
and the remaining twelve shall act as the jury of
the
quest of damages, and before they act as such, the
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 owners of said
lot of land, which shall not exceed one acre, will sustain
by the use or occupation of the same as a primary
school lot, 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 occupancy
of said lot as a primary school, and the commissioners,
or any of them, shall give written notice
to the legal guardian of said heirs of the time and place
of holding the inquisition, at least ten days prior to the
holding such inquisition; and the said jury shall reduce
their inquisition to writing, shall sign and seal the same,
and it shall then be returned, by the sheriff, to the
clerk of the circuit court, of Howard 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 county, but
if set aside the said court may direct another inquisition
to take place in the mode before described, and such
inquisition shall describe the property taken, or the
bounds of the land condemned, and the value of the
same, and such valuation shall be paid or tendered to
the legal guardian to the said minors, and when so paid
or tendered, shall entitle the commissioners of primary
schools, for Howard county, for the use above specified,
to the estate and interest in the same thus valued, as
fully as if the said heirs had been of lawful age and had
conveyed the same, and the said valuation, if not received
when tendered, may at any time thereafter, be
received from the said commissioners, without cost by
the said heirs or their legal guardian; Provided, that
the said lot or acre of land shall not be taken by the
said commissioners for the use of said school, without
the compensation awarded by the jury being first paid
or tendered to the person or persons authorised to receive
the same: And provided,, further, that all cost
and expenses that may accrue in consequence of the
condemnation of said lot, shall be paid by said commissioners
out of the monies levied by virtue of the act of
eighteen hundred and fifty-two, chapter eighty-eight,
for the purpose of dividing and building said school
houses, and if the amount levied by virtue of said act,
is insufficient to meet the expenses of said commissioners,
then the commissioners for Howard county may
|
|
 |
