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any lands adjoining the Baltimore and Frederick
Town Turnpike Road, of a width not exceeding
twenty feet; and not exceeding in length parallel
with the line of said road one hundred yards at and
from Guinn's Falls on said road; and in all cases
where no agreement can be made with the owners
of said adjoining lands, or where such owner or own-
ers shall be a feme covert, infant or non compos men-
tis, the said President upon giving notice in writ-
ing of not less than ten days to the parties interest-
ed, or by placing such notice on the premises intend-
ed to be condemned may apply to a Justice of the
Peace of Baltimore or Howard counties, who shall
thereupon issue his warrant to the sheriff of either
of said counties, commanding him to summon twen-
ty disinterested persons qualified to act as Jurors in
the Circuit Courts of Baltimore or Howard counties,
as the case may be, to meet upon the land; and
after four of the Jurors so summoned are stricken
off the panel by the President of said company or
his agent; and four others by the person or persons
interested in said land or his or her agent, or in
the absence or refusal to strike off such persons, or
their agents, four to be stricken off by the said
Sheriff, the Sheriff shall qualify the twelve remain-
ing Jurors, either by oath or affirmation, as the
case may be, justly, truly and impartially to value
the damages which may be sustained by the owner
or owners of said land or materials required by said
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CHAP. 84.
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company; and the said jury in estimating the
damages aforesaid supposed to be sustained by the
owner or owners of the land required for the con-
struction of said road, shall take into the estimate
the benefit resulting to said owner or owners, but
only in the extinguishment of the claim for dama-
ges, and the said Jury shall reduce their verdict to
writing in the shape of an inquisition and sign and
seal the same; and it shall then be returned by
'the Sheriff to the Clerk of the Circuit Court of Bal-
timore or Howards counties as the case may be, and
unless good and sufficient cause shall be shown
against the said inquisition it shall be affirmed by
the said court at the term next succeeding there-
turn of said inquisition, but if the said inquisition
should be set aside, the said court may in its dis-
cretion as often as may be necessary direct another
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Estimate of
damages.
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