132

LAWS OF MARYLAND.

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 fur-
nish 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, it or them, may
strike off four jurors, and the remaining twelve

Oath.

shall act as the jury of inquest of damages; and be-
fore they act as such, the said Sheriff shall admin-
ister 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 re-
quired by the company; and the jury in estimating
such damages shall take into the estimate the ben-
efits resulting to the said owner or owners from
conducting such railroad 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 Cir-
cuit Court for his county, and by such Clerk be
filed in his Court, and shall be confirmed by said
Court at its next session, if n j sufficient cause to
the contrary be shown, and when confirmed shall
be recorded by said Clerk at the expense of said
company; but if set aside, the said Court may di-
rect another inquisition to be taken, in the manner
above prescribed, and such inquisition shall de-
scribe the property taken, or the bounds of the
land condemned, and the quantity or duration of
the interest in the same value for the company,
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
company to the estate and interest in the same
thus valued as fully as if it had been conveyed by
the owner or owners of the same, and the valua-
tion, if not received when tendered, may at any
time thereafter be received from the company,
without costs, by the said owner or owners, his,
her or their legal representative or representatives.