they cannot agree, or if the owner or owners or any
of
them, be a feme covert, under age, non compos mentis,
or out of the county in which the property, other than
quarries and warehouses wanted may lie, when the
same shall be wanted, application may be made to any
justice of the peace of said county, who shall thereupon
issue his warrant, under his hand and seal, directed to
the sheriff of said county, requiring him to summon a
jury of twenty inhabitants of said county not in any
wise interested, to meet on the land or near the property
or material, as before described, to be valued on a
day named in said warrant, not less than ten nor more
than twenty days after issuing the same, and if at the
said time and place any of said jurors summoned do
not attend, the said sheriff shall immediately summon
as many jurors as may be necessary with the judges in
attendance, to furnish a panel of twenty jurors in attendance,
and from them each party, or its, her or their
agent, if either be not present in person or by agent, the
sheriff, for him, her or them, may strike off four jurors,
and the remaining twelve shall act as a 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 which the owner or owners will sustain
by the use or occupation of the same, required by
the said company; and the jury shall reduce their inquisition
to writing, and shall sign and seal the same,
and it shall then be returned by said sheriff to the clerk
of the circuit court of his county, and by said clerk filed
in his court, and shall be confirmed by said court at its
next session, if no sufficient cause to the contrary be
shown, and when confirmed shall be recorded by said
clerk at the expense of said company, or owner or owners
of property, as the court may award; but if set
aside the said court may direct another inquisition to be
taken, in the manner above described, and such inquisition
shall describe the property taken or the bounds of
the land condemned, and the quantity and duration of
the interest in the same, valued for the company, and
such valuation, when paid or tendered to the owner or
owners of said property, or his, her or their legal representatives,
shall entitle the company to the estate and
interest in the same, thus valued, as fully as if it had
been conveyed by the owner or owners of the same,
and the valuation if not received when tendered, may
at any time thereafter be received from the company,
without cost, by the said owner or owners, or his, her
or their legal representatives; and every juror shall be
entitled to one dollar per day while in attendance, and
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Right to summon
jury of
inquest.
Oath.
Inquisition to
be reduced to
writing and
returned to
clerk of Circuit
court.
If set aside,
court may direct
another
inquisition.
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