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other materials, or any improvements, for the con-
struction or repair of any of said road or its works,
for the purchase or use and occupation of the same ;
and in case they cannot agree, or if the owner or own-
ers or any of them be a feme covert, non compos men-
tis, or out of the state, on application to a justice of the
peace of Kent county, he shall issue his warrant,
under his hand and seal, directed to the sheriff of
said county, requiring him to summon a jury of
twenty inhabitants of the county, not related, nor in
anywise interested in the premises, to meet on the
land to be valued, on a day to be specified in said
warrant, not less than ten nor more than thirty days
after issuing the same; and in case any of the jurors
aforesaid do not attend, the Sheriff shall instanter
summon as many jurors as may be necessary, with
the jurors in attendance, to finish a panel of twenty-
eight jurors in attendance; and from them each
party, his, her or their agent, and if either be not
present, in person, or by agent, the Sheriff may strike
off four jurors for each of the absent parties, and
the remaining twelve shall act as the jury of inquest
of damages; and before they act as such, the Sher-
iff shall administer to each of them an oath or affir-
mation, as the case may be, that he will justly and
impartially value the damages and benefits which
the owner or owners of said lands will sustain, by
the use or occupation of the same required by the
company; if required by the party or parties whose
lands are to be affected by their proceedings, or by
the said railroad company, or their agent or agents,
the jury shall cause to be summoned such witnesses
as the parties may require, and shall examine them
on oath or affirmation in relation to the value of proper-
ty to be condemned; and they shall reduce the testimo-
ny, if any is taken by them, to writing; and after the tes-
timony is closed, and without any unnecessary delay,
and after having made a fair and just comparison of
the advantages and disadvantages arising from the
said railroad, they shall estimate and determine
whether any, and if any, what amount of damages
has been or may be sustained by the said owner or
owners respectively, and make a report thereof ac-
ccordingly; and the said jury shall reduce their in-
quisition to writing, shall sign and seal the same; and
it shall then be returned by the said Sheriff to the
Clerk of the Circuit Court of his county, and by
such Clerk filed in his Court, and shall be confirmed
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