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CHAP. 34.
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rant to the sheriff of either of said counties, com-
manding him to summon twenty disinterested per-
sons 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 interest-
ed in said land or his or her agent, or in the ab-
sence 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 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 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 retained by the
sheriff and jury and returned by the sheriff to the
clerk of the Circuit court of Baltimore or Howard
counties as the case may be, and unless good and
sufficient cause shall be shown against the said in-
quisition it shall be affirmed by the said court at
the term next succeeding the return of said inqui-
sition, but if the said inquisition should be set
aside, the said court may in its discretion as often
as may be necessary direct another inquisition to
be taken in the manner above described; and pro-
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Proviso.
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vided 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, yard, gardens,
lawns or orchards of any person or persons.
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Construction
of railway
after tender-
ing payment
for lands.
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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
after 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-
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