ART. 23.] CORPORATIONS—RAILROAD. 351

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 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 ex-
pense 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 inquisition which
is confirmed by the court, shall not award to the land owner a
larger amount of damages than was awarded by the first inquisi-
tion, 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 in all
cases describe the property taken or the bounds of the lands con-
demned, and the quality or duration of the interest in the same,
valued for the company, and such valuation, when paid or ten-
dered 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 con-
veyed by the owner or owners of the same; and the valuation, if
not received when tendered, may at any time thereafter be re-
ceived 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 cannot 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 thereafter, 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 in-
quisition shall be made and returned as aforesaid.

1876, ch. 242, sec. 12.

168. Whenever any railroad company, heretofore incorpora-
ted, or which may hereafter be incorporated, shall find it necessary