Jury to be
summoned and
sworn. |
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 impartially value
the damages and benefits which the owner or
owners of such lands will sustain by the use or
occupation of the same required by the company ;
and 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 the property to be condemned, and
they shall reduce the testimony, if any is taken
by them, to writing, and after the testimony is
closed, and without 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 dam-
ages has been or may be sustained by the said
owner or owners respectively, and make report
thereof accordingly; and the said jury shall
reduce their inquisition to writing, and 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 by said Court
at its next session if no sufficient cause to the con-
trary be shown, and when confirmed shall be
recorded by said Clerk; but if set aside the said
Court may direct another inquisition to take place
in the manner above described, whose decision
shall be returned as before directed, and such val-
uation, when paid or tendered to the owner or
owners of said property, or his or their legal
representatives, shall entitle the said company to
the estate and interest in the same thus valued as
fully as if it had been conveyed by the owner or
owners of the same; and the said valuation, if
not received when tendered, may at any time
thereafter be received from the said company by |
