Oath.
Inquisition to
be reduced to
writing and to
be recorded by
clerk of Circuit
court.
If set aside
court may direct
another
inquisition.
Proviso.
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said jurors summoned do not attend, the said sheriff
shall immediately summon as many jurors as may be
necessary, with the jurors in attendance, to furnish a
panel of twenty jurors, in attendance, and from them,
each party, or its, her or their agent, the sheriff, for him,
her or them, may strike off four jurors, and the remaining
twelve shall act as the jury of inquest of damages;
and before they act as such, the said 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
sustained 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 return 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 prescribed, and such inquisition shall describe
the property taken, or the bounds of the lands condemned,
and the quantity and duration of 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 representative
or representatives, and every juror shall be entitled
to one dollar per day while in attendance, and
the sheriff to his regular fees as for similar services;
Provided always, that no timber shall be cut on any
land other than the bed of the rail road company, by
order of the said rail road company, or taken by them
for the use of the said road without the consent of the
owner.
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