minister an oath or affirmation that he will justly and impar-
tially value the damages which the owner or owners will
sustain by the use and occupation of the property required by
the said Company, and also the benefits or advantages to
accrue to the owner or owners by the construction of the said
road as a set-off to the said damages, but only in extinguish-
ment of the claim for damages, and not for the actual value
of the land or other material taken ; and after having made
a fair and just off-set of the advantages and disadvantages
arising from the construction of the said railroad, they shall
estimate and determine what amount of damages has been,
or may be, sustained by the said owner or owners respectively ,
and the said jury shall reduce their inquisition to writing
and sign and seal the same, and it shall then 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 con-
firmed by said Court at its next term or session, if no suffi-
cient 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 di-
rect another inquisition to be taken, in the manner
above described, and in case the second or any other
inquisition. which is confirmed by the Court, shall not
award to the land-owner a larger amount of damages than
was awarded by the first inquisition the Court may, in
its discretion, order the costs of the said second or other
inquisition to be paid by the owner or owners of said land
or materials condemned, and the inquisition shall in all
cases describe the property taken, or the bound of the
lands condemned, and the quality 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 the property, his, her, or their legal representatives,
shall entitle the said Company to the estate and interest in
the same thus valued, as if it had been legally conveyed by the
owner or owners of the same : and the valuation if not received
when tendered may at any time thereafter be received with-
out costs from said Company by the owner or owners, his, her
or their legal representative. And the Sheriff shall keep the
said jury together for a reasonable time, until they shall agree
upon and sign and seal the said inquisition ; and in case it
shall so happen that the jury cannot agree, after being kept
together as aforesaid, the Sheriff may, in his discretion, dis-
charge the said jury, and without any further warrant from
a Justice of the Peace, shall, within five days thereafter,
summon another jury of twenty inhabitants as aforesaid, not
upon the former jury, and the same proceedings shall be had
in all respects as is hereinbefore provided ; and in case of a
second or other disagreement of the jury, the same proceed-