FRANK BROWN, ESQUIRE, GOVERNOR. 425

the juror 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 com-
pany, and also the benefits or advantages to accrue to the
owner or owners by the construction of the said road as a
set off to the said damages, but only in extinguishment of
the claim for damages, and not for the actual value of the
land, or other material taken; and after having made a fair
and just offset of the advantages and disadvantages arising
from the construction of the said railroad, they shall esti-
mate and determine what amount of damages has been or
may be sustained by the said owner, or owners, respectively;
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 re-
corded by said clerk at the expense of the company, but if
the same be set aside, the court shall direct another inqui-
sition 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 inqui-
sition shall 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
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 wheu 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 sigu 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 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