FRANK BROWN, ESQUIRE, GOVERNOR. 371

by the use and occupation of the land required by the said
company, and also the benefits or advantages to accrue to
the owner or owners by the construction of said inlet as a
set off to said damages, but only in extinguishment of the
claims for damages, and not for the actual value of the land
or other material taken ; and after having made a fair and
just estimate of the advantages and disadvantages arising
from the construction of the said inlet or canal for oyster
planting they shall estimate and determine what amount
of damages has been or may be sustained by the said owners
respectively; and the said jury shall reduce their inquisi-
tion to writing and sign and seal the same, and it shall
then be returned by the sheriff to the clerk of the Circuit
Court of the county and be filed by said clerk in his office,
and shall be confirmed by said court at its next term, if no
sufficient cause to the contrary be shown, and when con-
firmed 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 a manner de-
scribed above ; 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 said owner or owners of said land or materials
condemned, and the inquisitions shall in all cases describe
the property taken, or the bounds of the land condemned,
and the character 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 or 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 recovered without costs from said
company, by the owner or owners, his, her, or their legal
representatives and the said 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 happen
that the jury cannot agree after being 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 male inhabitants as aforesaid, not upon the
former jury, and the same proceedings shall be had in all
respects as in 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 re-