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Provisoes.
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in which the property wanted may He, when such
land or materials may be wanted, the applications
may be made to any Justice of the Peace of such
county, who shall thereupon issue his warrant,
under hand and seal, directed to the sheriff of said
county, requiring him to summon a jury often in-
habitants of said county not related nor in any
wise interested, to meet on the land, or near to the
other property or materials 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
said time and place any of said jurors summoned
do not intend, the said sheriff shall immediately
summon as many jurors as may be necessary, with
the jurors in attendance, to furnish a panel often
jurors, and from them each party, or its, his, her
or their agents, if either be not present in person or
by agent, the sheriff for it, him, her, or them may
strike off three jurors, and the remaining seven
shall act as a 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 sustain
by the occupation or use of the same, required by
the company, and the jury in estimating such
damages, shall take into the estimate the benefit
resulting to the said owner from conducting such
railroad through, along or near to the property of
said owner or owners, not only in the extinguish-
ment of the claim for damages; and the said jury
shall reduce their inquisition to writing, and shall
sign and seal the same and it shall then be return-
ed by the said sheriff to the Clerk of his county as
the case may he, 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, but if
set aside the said Court may direct another inqui-
sition to be taken in the manner above presented,
and such inquisition shall describe the property
taken, or the bounds of the lands 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 representa-
tives, shall entitle the said company to the estate
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