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Jury of con-
demnation.
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or neither party exercises said right, the sheriff shall strike off
enough names to reduce the jury to twelve persons, and in
every such valuation and assessment of damages the jury shall
be and it is hereby instructed to consider, in determining and
fixing the amount thereof, the benefit which will accrue to the
owner from the constructing of the said canal through, or
erecting any of the said works upon his land, and to regulate
their verdict thereby, except that no assessment shall require
any such owner to pay or contribute anything to the said com-
pany, where the benefit shall exceed the estimate of jury of
the damages ascertained as aforesaid, and the inquisition thereon
taken, signed by the sheriff and the jury, and returned by the
sheriff to the clerk of the Circuit Court of the county in which
said inquisition has been had, and unless good cause be shown
against the said inquisition, it shall be affirmed by the court
and recorded ; but if the said inquisition should be set aside,
or if from any cause no inquisition shall be returned to such
court within a reasonable time, the said court may, at its discre-
tion, as often as may be necessary, direct another inquisition to
be taken in the manner above prescribed, and upon every such
valuation the jury is hereby directed to describe and ascertain
the bounds of the land by them valued, and the quantity and
duration of the interest and estate in the same required by the
said company for its use, and their valuation shall be conclusive
on all persons, and shall be paid for by the said company to the
owner or owners of the land, or to his or their legal representa-
tives, and, on payment thereof, the said company shall be seized
of such land as of an absolute estate in perpetuity, or with such
less quantity and duration in interest or estate in the same, or
subject to such partial or temporary appropriation, use or occu-
pation, as shall be required and described as aforesaid, as if
conveyed by the owner to them ; and the per diem of the jury
of such assessments and condemnation, and the fees of the
justice of the peace and the sheriff and the fees for the wit-
nesses of the company shall be paid by the company in the
discretion of the court. That where the said canal crosses any
public road which authoritatively is hereby granted the said
company the said crossing must have it done to the satisfaction
of the County Commissioners of Anne Arundel county, or if
a draw is erected in the bridge over said canal as part of the
public, it must be made to the satisfaction of the County Com-
missioners of Anne Arundel county, and the said company
may raise any bridge in the line of its canal to a sufficient
height to allow the passage of its boats, or erect a draw therein,
either of which must be done to the satisfaction of the County
Commissioners of Anne Arundel county.
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