T. WATKINS LIGON, ESQUIRE, GOVERNOR

271

time and place any of said jurors should not attend, the
sheriff shall immediately summon as many jurors as
may be necessary with those in attendance, to furnish a
panel of twenty jurors, and from them, each party, or
his, her, or their, agents, or if either be not present in
person or by agent, the sheriff for him, her, or them,
may strike off four jurors, and the remaining twelve
shall act 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 da.
mages which the owner or owners will sustain by the
use and occupation of the same required by the com-
pany, and if required by the parties whose land are to
be affected by their proceedings, the jury shall cause to
he summoned such witnesses as the parties may re-
quire, and shall examine them on oath in relation to
the value of the property to be condemned, and they
shall reduce the testimony, if any is taken by them, to
writing1, and after the testimony is closed, in such case
and without any unnecessary, and before proceeding
to the examination of any other claim, they shall ascer-
tain and determine the compensation which ought to
be justly made by said company to the party or parties
owning or interested in the real estate appraised by them,
and in determining the amount of such compensation,
the jury shall not make an allowance or deduction on
account of any real or supposed benefits which the par-
ties in interest may derive from the construction of said
rail road; and the said company shall give notice to all
persons whose interests are to be affected by the con-
demnation of any land, in writing or by an advertise-
ment in a newspaper published in the town of Cum-
berland, for at least three weeks successively, of the

Oath.

time and place of holding such inquisition; the said
jury shall reduce their inquisition to writing, and shall
sign and seal the same, and it shall be returned by the
said sheriff to the clerk of the circuit court for Allegany
county, and by said clerk filed in his office, and shall
be confirmed by the said court at its next session, if no
sufficient cause to the contrary be shown, and when
confirmed shall be recorded by the said clerk at the
expense of the said company, but if set aside, the said
court may direct another inquisition to be taken in the
manner above prescribed, and such inquisition shall de-
scribe the property taken, the bounds of the land con-
demned, and the quantity or duration of interest in the
same, condemned for the company; and such valua-
tion when paid into court or paid or tendered to the

Inquisition to
be reduced
to writing.