Oath.
Inquisition to
be returned to
clerk of Circuit
court,
and by him
recorded.
If set aside,
court may direct
another
inquisition.
Proviso.
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his warrant, under hand and seal, directed to the
sheriff
of said company, requiring him to summon a jury, of twenty
inhabitants of said county, not in anywise interested
to meet on the land or near the property or materials
as before described, to be valued on a day named in
said warrant, not less than ten, nor more than twenty
days after the issuing of 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 jurors, in attendance
to furnish a panel of twenty jurors in attendance,
and from them each party or its, his, 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 the jury of
inquest of damages, and before they act, as such, the
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 sustain by the use or occupation of the same, required
by the company, and the said 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 such 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
taken in the manner above prescribed, and such inquisition
shall describe the property taken or the bounds of
the lands condemned, and the quantity of 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 said 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 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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