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county, when such. lands or materials may be wan-
ted, application may be made by said Baltimore
and Liberty Turnpike Company, or by the Presi-
dent and Directors thereof, or any agent for them,
to a Justice of the Peace of Baltimore county, who
shall thereupon issue his warrant, directed to the
Sheriff of said county, requiring him to summon a
jury of twenty disinterested persons competent to
act as jurors in the Circuit Court for said county,
to meet on the land or near to the other property
or materials to be valued, on a day to be named in
said warrant, and if at such time and place any of
the jurors so summoned do not attend, the said
Sheriff shall immediately summon as many other
as may be necessary with the jurors in attendance
to make up the number of twenty, and from the
panel of twenty jurors, the President and Directors
of said company or their agent, and the person or
persons interested in said land or other property
or their agent," shall respectively strike four, or in
the absence or refusal to strike, of either party,
the Sheriff shall strike for such party, and to the
remaining twelve jurors, the Sheriff shall admin-
ister an 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 other property by reason of the use
thereof by said company, or if the said President
and Directors shall have made application for the
condemnation only of the interest of some person
or persons having a particular estate in any land
required as aforesaid, the said jurors shall be sworn
justly, truly and impartially to value the damages
which may be sustained by such person or persons;
and the said jury, in either case, in estimating
such damages, shall take into consideration, in
mitigation or extinguishment of damages, the
benefits resulting to the said owner or owners, or
such person Or persons who may be interested as
aforesaid by the making of said turnpike road;
and the said jury shall sign and seal their inqui-
sition, and -the said inquisition shall be returned
by the Sheriff to the Circuit Court for Baltimore
county, and shall be confirmed by said court at its
next session, and then recorded, unless sufficient
cause to the contrary be shown; and if the same
be not confirmed, the said court, as often as may
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Mode of pro-
cedure in case
of condemna-
tion.
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