FRANK BROWN, ESQUIRE, GOVERNOR. 736

the property to be condemned ; and after the testimony is
concluded, and without unnecessary delay, and after having
made a fair and just comparison of the advantages and
disadvantages arising from said railroads use and occupa-
tion of said lands or other prope'rty they shall examine and
determine whether any, and if any, what amount of dam-
ages have been or may be sustained by said owner or owners,
respectively, and make report thereof accordingly, and the
said jury shall reduce the inquisition to writing, and sign
and seal the same; and it shall then be returned by said
sheriff to the clerk of the Circuit Court for his county, and
be filed by said clerk in his office, and uuless sufficient
cause to the contrary be shown within fifteen days after said
inquisition has been filed, the same shall forthwith be con-
firmed by said court and when confirmed it shall be recorded
by the said clerk at the expense of the said railroad com-
pany ; 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 shall be confirmed by the court shall not award the
owner or owners of said land or other property a larger
amount of damages than was awarded by the first inquisi-
tion, the court may in its discretion order the costs of said
inquisitions, or any of them, to be paid by the owner or
owners, of said land or other property condemned ; and
the inquisition shall, in all cases describe the property
taken, or the bounds of the lands condemned, and the
quality, quantity or duration of the interest in the same
value for the company and such valuation when paid or
tendered to the owner or owners of the property, his, her,
or their heirs, legal representatives or assigns, shall entitle
the said company to the estate, property, and interest in
the same thus valued, as if it had been legally conveyed by
the owner or owners of the same, and the said valuation,
if not recorded when tendered may at any time thereafter
be received by the owner or owners, his, her or their heirs,
legal representatives or assigns without costs or interests
from said company or from the Circuit Court of said
county (into which said company is hereby authorized to
pay the amount of said valuation after the same shall not
have been received when by it tendered). And the sheriff
shall in conducting said condemnation proceedings keep the
jury together for a reasonable time until they shall agree
upon and sign and seal said inquisition; and in case it
shall so happen that the jury cauuot agree after being kept
together as aforesaid the sheriff shall discharge the said
jury and without any further warrant from a justice of
the peace shall, within five days thereafter, summon