192

LAWS OF MARYLAND.

agree with the owner or owners of any land or
real estate, and to receive conveyances of the
same for the purposes aforesaid; and if said owner
or owners cannot agree with said president and
commissioners, or should said owners, or any of
them, he feme covert, infants, non compos mentis,
or non-residents of Cecil county, the said presi-
dent and commissioners shall be authorised to
make application to any justice of the peace of
said county for a warrant, to be directed
to the sheriff of said county, requiring him
to summon twenty residents of the county, quali-
fied by law to serve as jurors, not related to the
parties nor in anywise interested, to meet on or
near the land or real estate to be valued, on a day
named in said warrant, not less than ten nor
more than twenty days after the issuing of the
same, and the said justice of the peace shall there-
upon issue said warrant under his hand and seal.

Authorised to
strike off four
jurors.

SEC. 3. And be it enacted, That should any of
the jurors summoned by the sheriff be absent, he
shall be authorised forthwith to summon as many
as may be necessary to act with those in attend-
ance, and from the said panel of jurors so sum-
moned, the said president and commissioners and
the party whose lands are to be valued and con-
demned, shall each, in person or by attorney,
and in case of the absence of or refusal by either
party, the sheriff shall be authorised to strike off
four jurors, and the remaining twelve shall be the
jury of inquest of damages.

Oath to be ad-
ministered.

SEC. 4. And be it enacted, That before said jury
proceeds to act the sheriff shall administer to each
juror an oath or affirmation justly and impar-
tially to value the damages which the owner or
owners will sustain by the use or occupation of
the said land or real estate for the purposes afore-
said, and the jury in estimating said damages
shall take into consideration the benefits and ad-
vantages resulting to said owner or owners from
opening, widening or laying out said streets,
lanes or alleys through, along, or near to the
property of said owner or owners.

Inquisition to
be in writing.

SEC. 5. And be it enacted, That the jury shall
reduce their inquisition to writing, and shall
therein describe the property to be taken, by
metes and bounds, and they shall also set forth