ODEN BOWIE, ESQUIRE, GOVERNOR. 367

rant, under his hand and seal, to the sheriff of the county, requiring him to summon a jury of twenty of the inhabitants of said county, who shall be freeholders above the age of twenty-one years, not related to the parties or in anywise interested, to meet on the lands, or near the materials or other property wanted, on a day named in said warrant, not less than ten nor more than twenty days after after issuing the same; and if at the said time and place any of the said jurors summoned do not attend the sheriff shall immediately summon as many per- sons similarly qualified as together with those in at- tendance will furnish a panel of twenty jurors in attendance, and from the panel each party, his, her, it or their agent or attorney, or if either party be not present in person or by agent, or being present in person or agent, refuse to strike, the sheriff for him, her, it or them may strike off four persons, and the remaining twelve shall act	Sheriff to sum- mon jury.
as the jury of inquest of damages, and to each, be- fore he acts as such juror, the Sheriff shall admin- ister an oath or affirmation, that he will justly and impartially 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	New jury.
extinguishment of the claim for damages, and riot 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 s lid jury shall reduce their inquisition to writing, and sign and seal the same, and it shall then be re-	Damage.
turned by the Sheriff to the clerk of the Circuit Court for his county, and be filed by said clerk in this office and shall be confirmed by said Court at its next term or session, if no sufficient cause to the contrary be shown, and when confirmed shall be recorded by said clerk at the expense of the Company; but if the same be set aside, the said	Filed in court.
Court shall direct another inquisition to be taken, in the manner above described, and in case the	Inquisition.