and if at the said time and place any of the said
jurors summoned do not attend, the Sheriff shall
immediately summon as many 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, its or their agent,
or attorney, shall strike off four persons; or if
either party be not present by agent or attorney,
or in person, the Sheriff, for him, her, it or them,
shall strike off four persons, and the remaining
twelve shall act as the jury of inquest of damages;
and before they act as such the Sheriff shall
administer to each of them an oath or affirmation,
as the case may be, that he will, justly and impar-
tially, value the damages and benefits which the
owner or owners will sustain by the condemnation,
use or occupation of such land, earth, materials,
or other property required by the company; and
the said jury of inquest, without any unnecessary
delay, and after having made a fair and just com-
parison of the advantages and disadvantages
arising from said railroad, 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 shall make
report thereof accordingly; and the jury shall
reduce their inquisition to writing, and sign and
seal the same, and it shall 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 the said Court at its
next term thereafter, if no sufficient cause to the
contrary be shown; and when confirmed shall be
recorded by said Clerk at the expense of the com-
pany; but if the same be set aside, the said Court
shall direct another inquisition to be taken in the
manner above described, and the inquisition shall,
in all cases, describe the property taken, or the
bounds of the land condemned, and the quantity
or duration of interest in the same valued for the
company, and such valuation, when paid or ten-
dered to the owner or owners of the property, his,
her or their legal representatives, shall entitle the
said company to the estate and interest in the
same thus valued, as it it had been legally con-
veyed by the owner or owners of the same, and |
In case Ju-
rors do not at-
tend. |
