13

thereupon issue his warrant under hand and seal, directed to
the Sheriff of said county, requiring him to summon a jury
of twenty inhabitants of said county, not related nor in any
wise interested, to meet on the land, or near to the other pro-
perty or materials to be valued, on a day named in said war-
rant, not less than ten nor more than twenty, after issuing
the same, and if at said time and place any of said jurors
summoned do not attend, the said sheriff shall immediately
summon as many jurors as may be necessary with the jurors
in attendance, to furnish a pannel of 20 jurors in attendance,
and from them, each party, or its, his, her or their agent, if
either be not present in person or by agent, the Sheriff for
him, her, it or them, may strike off four jurors, and the re-
maining twelve shall act as the jury of inquest of damages,
and before they act 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 will sustain bj the use or occupation of
the same, required by the company," and the jury in estimat-
ing such damages shall take into the estimate the benefit re-
sulting to the said owner or owners, from conducting said
railroad through, along or near to the property of said
owner or owners, but only in extinguishment of the claim for
damages, 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 or prothonotary of
his county, as the case may be, and by such clerk or protho-
notary filed in his court, and shall be confirmed by said court
at its next session, if no sufficient cause to the contrary be
shown, and when confirmed shall be recorded by said clerk or
prothonotary, at the expense of said company, but if set aside,
the said court may direct another inquisition to be taken in
the manner above prescribed, and such inquisition shall de-
scribe the property taken, or the bounds of the land con-
demned, and the quantity or duration of the interest in the
same, valued for the company, and such valuation when paid
or tendered to the owner or owners of said property, or his,
her or their legal representatives shall vest in said company
the estate and interest in the same thus valued, as fully as if
ithad been conveyed by the owner or owners of the same, and the
valuation if not received when tendered, may at any time
thereafter be received from the company without costs, by the
said owner or owners, or his, her or their legal representative
or representatives.

Sec. 14. And te it enacted, That whenever in the construc-
tion of said road or roads, it shall be necessary to cross or in-
tersect any established road or way, it shall be the duty of
the President and directors of said company so to construct
the said road across such established road or way as not to
impede the passage or transportation of persons or property