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Session Laws, 1896 Session
Volume 475, Page 464   View pdf image (33K)
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464

LAWS OF MARYLAND.

Oath of
jurors.

warrant, not less than ten nor more than twenty days after
issuing the same; and if, at the said time and place, any of
the said jurors do not attend or should not be qualified to act
as such jurors, or should from sickness or any other cause be
unable to serve, the sheriff shall immediately summon as many
persons, qualified as aforesaid, as together with those in attend-
ance, will furnish a panel of twenty jurors in attendance,
properly qualified and capable of serving as such, and from
the panel each party, his, her, its or their agents or attorneys,
or if either party be not present in person or by agent or attor-
ney, or being present in person, by agent or attorney shall
neglect or refuse to strike, then the sheriff for him, her, it or
them, may strike off four persons, and, if after such striking,
more than twelve jurors still remain upon such panel, by reason
of one or more jurors being stricken by or on behalf of each
side, or from any other cause or neglect or omission, the
sheriff shall strike off as many persons, as with those already
stricken, will amount to eight, and the remaining twelve jurors
shall act as the jury of the 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 occu-
pation of the property required by the said company, and
also the benefits or advantages, if any, to accrue to the owner
or owners, by the construction of the said road as a set off to
the said damages, but only in the extinguishment of the claim
for damages other than the value of the land or materials
or other property taken, and not for the actual value
of the land or material or other property taken, and after
making a just and fair off set of the advantages and dis-
advantages arising from the construction of the said rail-
road they shall estimate and determine what amount of dam-
ages has been or may be sustained by the said owner or
owners, and the said jury shall reduce their inquisition to writ-
ing and sign and seal the same, and it shall then be returned
by the sheriff to the Clerk of the Circuit Court for his county,
or to the Clerk of the Superior Court of Baltimore city, as the
case may be, and shall be tiled by the said clerk in his office,
and shall be confirmed by the said court at its next term or
session, if no sufficient cause to the contrary be shown, and
when confirmed, shall be recorded by the clerk at the expense of
the said company; but if the same be set aside, the court shall
order and direct another inquisition to be taken in the manner
above described, on a day to be named in such order, or if not
so named, to be fixed by the sheriff, and without any further



 
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Session Laws, 1896 Session
Volume 475, Page 464   View pdf image (33K)
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