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after issuing the same, and if at the same time and place any
of the said jurors summoned do not attend, the said sheriff
shall immediately summon as many persons similarly quali-
fied as, together with those in attendance, shall make up
twenty, and from the panel each party, his, her, its or their
agent or attorney, or if either be not present in person or
by agent, or being present in person or by agent, refuse to
strike, the said sheriff, for him, her or them may strike off
four persons, and the remaining twelve shall act as a jury of
inquest of damages; and to each, before he acts as juror,
the said sheriff shall administer an oath or affirmation that
he will justly and impartially value the damage which the
owner or owners will sustain by the use and occupation of
the property required by the Mayor and Council, and assess
the benefits to be derived by the owner thereof from the
proposed improvement, and the said jury shall reduce their
inquisition to writing and sign and seal the same, and it
shall then be returned by the said sheriff to the clerk of the
Circuit Court for Talbot county, to be filed by said clerk in
his office, and shall be confirmed by said court if no suffi-
cient cause to the contrary be shown within thirty days after
the time of filing the same, and when confirmed shall be
recorded by said clerk at the expense of the Mayor and
Council of Easton; but if the same be set aside, the said
Court shall direct another inquisition to be taken in the
manner above described, and in case the second or any
other inquisition which is confirmed by the court shall
not award to the owner a larger amount of damages
than was awarded by the first inquisition, the court
may, in its discretion, order the costs of the second or
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CHAP. 458
Jury of
inquest of
damages
appointed.
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other inquisition to be paid by the owner or owners of
said land or materials condemned; and the inquisition shall
in all cases describe the property taken or the bounds of the
lands condemned, and the quantity or duration of interest in
the same (and the valuation the jury have put upon it) and
the valuation the jury have put upon the benefit which the
owner of the condemned land will derive from the proposed
improvement, and the valuation of the land less the valuation
of the benefits when paid or tendered to the owner or owners
of the property, his, her or their legal representatives shall
entitle the Mayor and Council of Easton to the estate and
interest in the same thus valued as if it had been legally con-
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Description of
property
given.
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