104

LAWS OF MARYLAND.

attend, the Sheriff shall immediately summon as
many persons similarly qualified as, together with
those in attendance, will furnish a panel of twenty
jurors in attendance, and from the panel each
party, his, her, it, or their agent, or attorney, or
if either party be not present in person, or by agent,
or being present in person or agent, refuse to

Jurors.

strike, the Sheriff for him, her, it, or them may
strike off four persons and the remaining twelve
shall act as the jury of the inquest of damages;
and to each, before he acts as such juror, the Sheriff
shall administer an oath, or affirmation, that he
will justly and impartially value the damages,
which the owner, or owners will sustain by the
use and occupation of the property required by the
said Company and also the benefits, or advantages
to accrue to the owner, or owners by the construc-
tion of the said road as a set-off to the said dam-
ages, but only in extinguishment of the claim for
damages, and not for the actual value of the land,
or other material taken; and after having made
a fair and just off-set of the advantages and disad-
vantages arising from the construction of the said
railroad, they shall estimate and determine what

Damages.

amount of damages has been, or may be sustained
by the said owner, or owners, respectively; and
the said jury shall reduce their inquisition to
writing, and sign and seal the same, and it shall
then be returned by the Sheriff to the Clerk of the
Circuit Court for his county, and be filed by said
clerk, in his office, and shall be confirmed by said
Court at its next term, or session, if no sufficient
cause to the contrary be shown; and when con-
firmed, shall he recorded by said clerk at the

Inquisition
set aside.

expense of the Company, but if the same be set
aside, the said Court shall direct another inquisi-
tion to he taken, in the manner above described,
and in case the second, or any other inquisition,
which is confirmed by the Court shall not award
to the land owner a larger amount of damages
than was awarded by the first inquisition the Court
may in its discretion, order the costs of the said
second, or other inquisition, to be paid by the
owner or owners of said land, or materials con-
demned, and the inquisition shall in all cases
describe the property taken, or the bounds of the
lands condemned and the quality, or duration of