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THOMAS SWANN. ^SQUIRE, GOVERNOR. 235
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mentis , or out of the State, the corporation may
apply to a Justice of the Pealee of the county in
which such property is situated, and he shall issue
his warrant to the Sheriff of the county requiring
him to summon a jury to meet on the land at a day
therein specified and being not more than ten nor
less than five days thereafter.
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Sec. 15. And be it enacted, That the said Sheriff
shall accordingly summon eighteen disinterested
men, not related to either party, and if any of
them do not attend, he may summon or call others
immediately to make up the number of eighteen,
each party shall have a right in person or by agent
or attorney, if present at the time, to strike off
three, and the Sheriff shall strike off such as shall
not be so stricken off by the parties until the
number shall be reduced to twelve who shall be a
jury.
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Jurors.
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Sec. 16. And be it enacted, That the Sheriff
shall then administer an oath or affirmation to
every person of the jury that he will impartially
and to the best of skill and judgment value the
land or other property required by the corporation,
and also (if the same be land required for the con-
struction of road or work,) the damage which the
owner will sustain, if any, by the taking of the
land for such use ; the jury shall accordingly in-
quire of such value and damage and make report
thereof in writing, to be signed by them all, and
setting forth (in case of land) the boundaries of the
land and the estate, interest or use to be taken by
the corporation, such inquisition and report shall
be returned by the Sheriff to the Clerk of the Cir-
cuit Court of the county.
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Damage.
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Sec. 17. And be it enacted, That such inquisi-
tion and report shall be confirmed by such Court
unless good cause be shown to the contrary, and
when confirmed shall be recorded by the Clerk, but
for cause the Court may sit it aside and order
another inquisition or more than one from time to
time to be conducted in like manner as the first
and with like effect, until an inquisition and re-
port shall be confirmed by the Court upon such
confirmation of the first or any subsequent inqui-
sition and report, and upon payment or tender of
the amount fixed in the inquisition to be paid by
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Inquisition,
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