WM T. HAMILTON, ESQUIRE, GOVERNOR.

327

lows: The commissioners shall issue their warrant,

under seal, to the sheriff of Dorchester county to

summon an impartial jury of twelve men from said

town, who shall not be interested directly or indi-

rectly in the matter to be determined, or be related

to or connected with the owner of the property

sought to be condemned; and they shall meet at

the court house in said town on the day fixed in

said warrant, not less than ten days from the issuing

thereof; the sheriff shall, immediately upon receipt
of said warrant, serve notice thereof on the owner

Mode of pro-
cedure.

of the land to be condemned, and return the same,

with endorsements of service thereon, to the commis-

sioners; and if the owners are infants the commission-

ers shall appoint an intelligent citizen of said town his

or their guardian, who shall appear to such proceed-

ings and act for him or them, who shall receive two

dollars for every day engaged in the trial of such

case, to be taxed as a part of the costs; on the day

fixed for the hearing the sheriff shall swear the said

jury to value the land and assess the damages sus-

tained by the owner by means of such condemna-

tion, without partiality or prejudice, to the best of

their skill and judgment, and the jury shall then

proceed to make such valuation.

66. The said commissioners and owners may in

writing submit said valuation to the jury without

evidence, or if either party desire witnesses, the

sheriff shall, before the hearing, summon the same,

Submit val-

and said witness shall receive seventy-five cents for

uation.

each day's attendance, and the sheriff the usual fees

allowed him for serving process, all of which fees

shall be taxed as a part of the costs.

67. The jury, in estimating the damages, shall

take into consideration not only the actual value of

the land condemned, but also the injury, if any,

Estimating

that may be done by means thereof, to any other

damages.

property of the owner, and shall also take into con-

sideration the benefits or advantages that may accrue

to the owner thereby.

68. The sheriff shall return the inquisition under

his hand and seal, and the hands and seals of the

jury to the commissioners, who shall have it recorded

Inquisition

among the land records of Dorchester county, and

recorded.

the said condemnation shall, upon payment or tender

to the owner of the land condemned, or his legal