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CHAP. 87.
Oath required.
Mode of estimating.
Return of said va-
luation.
On confirmation.
Recorded.
Or if set aside, ano-
ther ordered.
Shall describe pro-
perty.
Title confirmed.
Valuation receiva-
able.
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for each absent party, and the remaining twelve shall
act as the jury of inquest of damages and before they
act as such, the said sheriff shall administer to each of
them an oath or affirmation, as the case may be, that
he will justly and impartially value the damages which
the owner or owners of said land, or property, will
sustain by the use or occupation of the same, required
by the said town commissioners for their ditch or canal
and the jury in estimating such damages, shall take
into the estimate the benefit resulting to the said owner
or owners, from conducting such ditch or canal,
through the property of the said owner or owners, and
the said jury shall reduce their inquisition to writing,
and shall sign and seal the same, and it shall then be
returned by the said sheriff to the clerk of the county,
and by such clerk filed in his court, and shall be con-
firmed by said court at its next session, if no sufficient
cause to the contrary be shewn, and when confirmed,
shall be recorded by said clerk, but if set aside, the
court may direct another inquisition to take place, in
the mode before prescribed, and such inquisition shall
describe the property taken, or the bounds of the land
condemned, and such valuation, when paid or tender-
ed, to the owner or owners of said property, or his,
her, or their legal representatives, shall entitle the
the said town commissioners, for the use of the town
of Elkton, to the estate and interest in the same thus
valued, as fully as if it had been conveyed by the owner
or owners of the same, and such valuation, if not re-
ceived when tendered, may at any time thereafter be
received from the said town commissioners, by the said
owner or owners, or his, her or their legal represen-
tatives, without costs or charges to the said town com-
missioners.
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Authority to cut
Canal.
Make contracts.
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Sec. 3. And be it enacted, That the board of town
commissioners, for the town of Elkton, immediately
on the condemnation of the property necessary to be
used by them, for cutting their ditch or canal, to sup-
ply the town with water, and in manner aforesaid,
shall be authorised to cut the necessary ditch or canal,
or to make contracts for the cutting of the same, and to
do such other matters and things in relation thereto,
as shall he necessary to supply the town of Elkton
with water, to be used in cases of fire, and for other
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