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COKPORATIONS. [ART. 26.

erty 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 imme-
diately summon as many persons similarly qualified, as
together with those 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
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
be reduced to
writing and re-
turned to court.

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
at its next term or session, if no sufficient cause to the
contrary be shown, and when confirmed, shall be re-
corded by said clerk at the expense of the company ;
but if the same be set aside, the said court shall direct

Court may or-
der new inqui-
sition.

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 the said second or other
inquisition to be paid by the owner or owners of said
land or materials condemned ; and the inquisition shall

Inquisition
must describe
property, &c

in all cases describe the property taken, or the bounds
of the lands condemned, and the quality or duration of
the interest in the same, valued for the company ; and

Tender of pay-
ment.

such valuation, when paid or tendered to the owner or
owners of the property, his, her, or their legal repre-
sentatives, shall entitle the said company to the estate
and interest in the same thus valued, as if it had been