JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 329

strike off four jurors for such absent or refusing par-
ties, and the remaining twelve of such panel shall
act as the jury of inquest of damages ; and before
they act as such the sheriff shall administer to each
of them an oath or affirmation, as the case may be,
that he will justly and impartially value the damages	Value dam-
and benefits, which the owner or owners of said lands	ages.
will sustain by the use or occupation of the same re-
quired by the said railway company, and if required
by the party or parties whose lands are to be affect-
ed by the proceedings, or by the said railway com-
pany, or their agent or agents, the jury shall cause
to be summoned by the sheriff such witnesses as the
parties may require, and shall examine them, on oath	Examine un-
or affirmation, to be administered by the sheriff, in	der oath.
relation to the value of the property to be condemned,
and after the testimony is closed, and without un-
necessary delay, and after having made a fair and
just comparison of the advantages and disadvantages
arising from the said railway, they shall estimate
and determine whether any, and if any, what amount
of damages has been or may be sustained by said
owner or owners respectively, and make report
thereof accordingly ; and the said jury shall reduce
their inquisition to writing, and shall sign and seal
the same, and it shall then be returned by the said	Return to
sheriff to the clerk of the Circuit Court for his	sheriff.
county, and by such clerk filed in his court, and
shall be confirmed by the said court at its next ses-
sion, if no sufficient cause to the contrary be shown ;
and when confirmed, it shall be recorded by the said
clerk, at the expense of the said railway company,
but if set aside, the said court may direct another
inquisition to take place, in the manner before
described, and in case the second or any other in-
quisition which shall be confirmed by the court, shall
not award to the land owner a larger amount of
damages than was awarded by the first inquisition,	Award dam-
the court may, in its discretion, order the costs of	ages by inqui- sition.
said inquisitions, or either of them, to be paid by the
owner or owners of said land, and materials con- demned, 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 valu-
ation, when paid or tendered to the owner or owners