26

JURISDICTION OF THE UNITED STATES. [ART. 3.

nient day thereafter, it shall be the duty of the said court to proceed

to hear and determine upon said petition, and the objections, if any,

filed against the proposed condemnation; and the said court may

order such witnesses to be summoned, and hear such evidence as

may be produced before it by the respective parties, to show the

necessity or impropriety of the proposed condemnation; and if the

said court shall determine that condemnation of the said lands or

other real property ought not to be had, it shall dismiss said peti-

tion, at the cost of the United States; but if it shall determine that

condemnation of the land in said petition described, ought to be

had by the United States, it shall pass an order directing the clerk

of said court, under his hand and the seal of said court, to issue a

Warrant to

warrant to the sheriff of the county wherein said land lies, requir-

sheriff to sum-
mon jury

ing him to summon a jury of twenty inhabitants of said county, not

interested in the land to be valued, to meet on or near the land to

be valued, in a day named in said summons, not less than ten nor

more than twenty days after issuing the same; provided, five days'

notice thereof be given to the owner, reputed owner, or agent of

such owner of the lands proposed to be condemned.

Id s 6

6. If at the time named in such summons, any of said jurors

Proceedings on
non-attendance

summoned do not attend, the said sheriff shall immediately sum-

of any of jurors.

mon as many jurors as may be necessary with the jurors in attend-

ance to make up the number of twenty, and from them, each party

or his agent, or if either be not present in person or by agent, the

sheriff for said party may strike four jurors, and the remaining

jurors shall act as the jury of inquest of damages.

Id s 7

7. The said sheriff shall, before the said jury shall proceed to

Oath to jurors

act, administer to each of them an oath, that he will justly and im-

partially value the damages which the owner will sustain by the use

or permanent occupation of the land required by the United States.

Id s 8

8. The jury shall summon such witnesses as the parties may re-

Witnesses' testi-
mony

quire, and examine them on oath in relation to the value of the

property to be condemned; and they shall reduce the testimony, if

any be taken by them, to writing, and after the testimony is closed,

and without any unnecessary delay, they shall ascertain and deter-

mine the compensation which ought to be made by the United States

to the party owning or being interested in the land to be condemned.

Id s 9

9. The jury shall reduce their inquisition to writing, and shall

Return of in-
quisition

sign and seal the same, and it shall then he returned by the sheriff,

together with the testimony, if any taken, and reduced to writing as

aforesaid, to the clerk of the Circuit Court for the county wherein

said land lies, and shall be filed by said clerk in said court.

Id s 10

10. The said inquisition shall be confirmed by said court, if no

Confirmation of
inquisition

sufficient cause be shown by the fourth day of the term thereof,

beginning next after it is filed in said court; and when confirmed,

shall be recorded by said clerk at the expense of the United States,

and the United States shall also pay all the costs incident to said

petition and inquisition in all cases.