THOMAS SWANN, ESQUIRE, GOVERNOR. 179
present in person or by agent, the Sheriff may
strike off four jurors for each of the absent par-
ties, and the remaining twelve shall act as the
jury of inquest of damages; and before they act |
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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
damages 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 par-
ty or parties whose lands are to be affected by
their proceedings, the jury shall cause to be sum-
moned such witnesses as the parties may require,
and shall examine them on oath in relation to the
value of property to bo condemned, and the dam-
ages to that adjoining, and they shall reduce the
testimony, if any taken by them, to writing, and
after the testimony is closed in each case, and
without any unnecessary delay, and before pro-
ceeding to the examination of any other claim,
they shall ascertain and determine the compensa-
tion which ought justly to be made by the said
company to the party or partics owning or inter-
ested in the real estate appraised by them, and in
determining the amount of such compensation the
jury shall not make an allowance in deduction on
account of any real or supposed benefit which the
parties in interest may derive from the construc-
tion of said railroad; and said company shall |
Oath to be
administered. |
give written notice to all persons whose interests
are to be affected by the condemnation of any
lands, of the time and place of holding the inqui-
sition at least ten days prior to the holding of
such inquisition, to writing, shall sign and seal
the same, and it shall be returned by the said
Sheriff to the Clerk of the Circuit Court for his
county, and by such clerk filed in his court, and
shall be confirmed by said court at its next ses-
sion if no sufficient cause to the contrary be shown,
and when confirmed shall then be recorded by the
said Sheriff to the Clerk at the expense of said
company; but if set aside, the said court may
direct another inquisition to take place in the
mode before described; and such inquisition shall
describe the property taken, or the bounds of the
land condemned, and the quantity and duration
of the interest in the same, valued for the com- |
Written no-
tice to be
given. |
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