A. W. BRADFORD, ESQUIRE, GOVERNOR

rant to the Sheriff of either of said county or city,
commanding him to summon twenty disinterested
persons qualified to act as jurors in the Circuit
Court for Baltimore county, or in the Superior
Court for Baltimore city, as the case may be, to
meet upon the land, and after four of the jurors so
summoned are stricken off the pannel by the Presi-
dent 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 remaining jurors, either by oath
or affirmation as the case may be, justly, truly and
impartially to value the damages which maybe
sustained by the owner or owners of said land or
materials required by said company, and the said
jury in estimating the damages aforesaid supposed
to be sustained by the owner or owners of the lands
required for the construction of said road, shall not
take into the estimate the benefits resulting to
said owner or owners, and the said jury shall reduce
their verdict to writing in the shape of an inquisi-
tion and sign and seal the same, and it shall then
be retained by the Sheriff and jury and returned
by the Sheriff to the Clerk of the Circuit Court of
Baltimore county, or the Superior Court of Balti-
more city 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 the return of said
inquisition, but if. the said inquisition should be
set aside, the said court may in its discretion as
often as may be necessary direct another inquisi-
tion to be taken in the manner above described,

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and, provided also, that it shall not be lawful with-
out the consent of the owner or owners to condemn
any line for the construction of said railway, which
shall pass through the buildings, yard, gardens,
lawns or orchards of any person or persons.

Proviso.

Sec. 8. And be it enacted, That upon the pay-
ment or tender of payment to the owner or owners
of land so condemned of the amount of damages
that may have been assessed by such iniquisition
after the same shall have been confirmed by said
courts, the said company shall be at liberty to take
possession of said land, and to construct thereon
15

Company
may take pos-
session.