A. W. BRADFORD, ESQUIRE, GOVERNOR.

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 re-
maining. 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 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
construction of said road, shall take into the esti-
mate the benefits resulting to said owner or own-
ers but only in the extinguishment of the claim
for damages, 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
retained by the Sheriff and Jury, and returned by
the Sheriff to the Clerk of the Circuit Court of
Baltimore or Harford county, 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 re-
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 an-

561

other inquisition to be taken in the manner above
described; and provided, also, that it shall not be
lawful, without the consent of the owner or owners,
to condemn any line for the construction of said
railway which shall pass through the buildings,
yards, 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 inquisition,
alter the same shall have been confirmed by the
said courts the said company shall be at liberty to
take possession of said land, and to construct
thereon, upon such grade as they may deem expe-
dient, their said railway, and put the same in
operation, and do all things that may be lawfully
done for that purpose.

71

Possession to
be taken.