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covert, under age, non compos mentis or under any other
legal disability to contract for a sale of any said lands, or
unwilling to make such sale, or cannot agree with the said
corporation on the terms of sale, in either or any of said
cases, any one of the judges of the fifth judicial district on
the application of the said corporation shall pass an order
directing the clerk of Frederick county court, to issue a
commission to three disinterested persons, named in said
order, to value such land or lands as shall be required for
said purposes, and to make return thereof to Frederick
county court at the term next ensuing the issuing of said
commission; and before the said commissioners shall value
such land, they shall take an oath to execute the trust re-
posed in them without favor, partiality or affection; and
in making such valuation, they shall make a survey and
plot of the land or lands so valued, and fix boundaries
around the same, and shall in their return describe said
land or lands, and the interest and estate in the same, and
the valuation of the same.
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SEC. 5. And be it enacted, That the return of said com-
missioners shall be confirmed by the said court at the term
to which the same shall be made, unless cause be shown to
the contrary, within the first six days of the said term, if
the said return shall be made on or before the first day of
said term, and if during said term, after the first day of
said term, then within six days from the filing thereof in the
said court; and if any objection in writing shall be made
to said return by the owner or owners of such land or
lands, or by any person authorised in behalf of said owner
or owners at any time before the same be confirmed by the
court, the said court shall thereupon proceed to hear testi-
mony, if any should be offered, and may increase or reduce
the valuation of said commissioners if the testimony will
so warrant; provided, that either party on motion to the
court shall before the hearing of testimony by the court be
entitled to trial by jury on an issue to he Framed under the
direction of the court, which issue shall be confined to the
valuation of the said commissioners; and the court may
amend said return, either on testimony before the court as
aforesaid, or the verdict of the jury as the case may be, in
reference to said valuation and confirm the same so amend-
ed, and upon. the confirmation of said return as aforesaid,
the same shall be conclusive on all persons; and upon pay-
ment or tender of payment of any sum or sums of money so
as aforesaid ascertained as the value of said land or lands,
such land or lands shall be vested in the said corporation
forever; and the said return, plot and all the proceedings
connected therewith, shall be recorded among the land re-
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Return to be
confirmed by
the court in
six days, &c.
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