erty to her sole and separate use, or authorized to con-
tract in reference to the same, non compos mentis, or
out of the county where such property wanted may
lie, when such property may he wanted, or for an;
other cause be legally incapable or contracting, ap-
plication may be made by the said company to any
Justice of the Peace of such county, who shall there-
upon issue his warrant, under his hand any seal, to
the Sheriff of the county, requiring him to summon
a jury of twenty of the inhabitants of said county.
above the age of twenty-one years, not related to the
parties, nor in any wise 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 issuing the same;
and if at said time and place any of the said jurors
summond do not attend, the Sheriff shall immediately
summon as many persons similarly qualified as, to-
gether with those in attendance, will furnish a panel
of twenty jurors in attendance, and from the pane]
each party, his, her, its 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 oft
four persona, and the remaining twelve shall act as
the jury of inquest of damages, and to each, before
he acts as such juror, the Sheriff shall administer 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 canal as a set off to the
said damages, but only in extinguishment 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 offset of the advantages and disadvan-
tages arising from the construction of the said ca-
nal, 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
|
1
i Sheriff to
summon jury
' to condemn,
[
or
1
be
To qualify
jurors
Reduce
inquisition to
writing.
|
