246

LAWS OF MARYLAND.

qualified as, together with those in attendance, will

furnish a panel of twenty jurors in attendance, and

from the panel each party, his, her, its or their

agent or attorney, or if either party be not present

in person or by agent, or being present in person or

by agent refuse to strike, the sheriff, for him, her, it

May strike off.

or them, may strike off four persons, and the re-

maining twelve shall act as a jury of inquest of

damages, and to each, before he acts as such juror,

the sheriff shall administer an oath or affirmation

that he will justly and impartially value the dam-

ages which the owner or owners will sustain by the

use and occupation of the property required by the

said company, and also the benefits or advantage

to accrue to the owner or owners by the construc-

tion of said canal as a set off to the said damages,

but only in extinguishment of the claims for dam-

ages, and not for the actual value of the land or

other material taken; and after having made a fair

Fair and just

and just offset of the advantages and disadvantages

offset.

arising from the construction of the said canal, they

shall estimate and determine what amount of dam-

ages has been or may be sustained by the said

owner or owners respectively; and the said jury

Reduce to

shall reduce their inquisition to writing and sign

writing.

and seal the same, and it shall then be returned by

the sheriff to the clerk of the Circuit Court of his

county, and be filed by said clerk in his office, and

shall be confirmed by said court at its next term of

session, if no sufficient cause to the contrary beshown.

and when confirmed shall be recorded by said clerk

at the expense of the company; but if the same be

set aside, the said court shall direct another inquisi-

tion to be taken in the manner above described; and

in case of the second or any other inquisition which

is confirmed by the court shall not award to the

land owner a larger amount of damages than was

awarded by the first inquisition, the court may, in its

discretion, order the costs of said second or other in-

quisitions to be paid by the said owner or owners of

said land or materials condemned; and the inquisi-

Describe

tion shall in all cases describe the property taken,

property.

or the bounds of the land condemned, and the quality

or duration of the interest in the same valued for

the company; and such valuation, when paid or

tendered to the owner or owners of the property