740 ARTICLE 23.

any justice of the peace of such county, who shall thereupon issue his war-
want, 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 above the age
of twenty-one years, and qualified to act as jurors under the laws of this
State, not related to the parties, nor 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 issuing
the same; and if at said time and place any of the said jurors summoned
do not attend, the sheriff shall immediately summon as many persons simi-
larly qualified as together with those in attendance shall make up twenty,
and from the panel, 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 off four persons, and the remaining twelve shall act as the jury of
the 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 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 confirmed by said
court any time after the expiration of thirty days from the date of such
filing, 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 court shall direct another inquisition to be taken,
in the manner above described; and in case the second or any other inquisi-
tion 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 said second or other inquisi-
tion 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
bounds of the land 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 without costs from said company by the
owner or owners, his, her or their legal representatives; 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 can not agree after being kept together as aforesaid,
the sheriff may, in his discretion, discharge the said jury, and without any
further warrant from a justice of the peace shall, within five days there-
after, 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 proceedings shall be had until a verdict or inquisition shall
be made and returned as aforesaid.