THOMAS SWANN, ESQUIRE, GOVERNOR. 651

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 impartially value the dam- ages and benefits 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 party or parties whose lands are to be affected by their proceedings, or by the said Railroad Com- pany, or their agent or agents ; the jury shall cause to be summoned such witnesses as the par- ties may require, and shall examine them on oath or affirmation, to be administered by the said Sheriff or the foreman of the jury, 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 with- out any unnecessary delay, and after having made a fair and just compensation of the advantages and disadvantages arising from the said railroad, they shall estimate and determine whether any, and of	Oath.
any, what amount of damages has been or may be sustained by the said owner or owners, respectively, and make a 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 re- corded by the said Clerk, but if set aside, the said Court may direct another inquisition to take place	Damages.
in the manner before 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, her or their legal attorney, agent, representative or guardians, 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 the said owner or owners, his, her or their legal representatives or guardian ; pro- vided, that no private property shall be taken by the said Company for the use of the said road, sta-	Decision.