ROBERT M. McLANE, ESQUIRE, GOVERNOR

67

the remaining twelve shall act as a jury of inquest of

damages, and to each, before he acts as such juror, the

sheriff shall administer an oath or affirmation that he

will justly and impartially value the damages which

Administer
oath or affirma-

the owner or owners will sustain by the use and occu-

tion.

pation of the land required by the said company, and

also the benefits or advantages to accrue to the owner

or owners by the construction of said inlet as a

set off to said damages, but only in extinguishment of

the claims for damages, and not for the actual value

of the land or other material taken; and after having

made a fair and just off set of the advantages and dis-

advantages arising from the construction of the said

inlet or canal for oyster planting, they shall estimate

and determine what amount of damages has been or

Determine
the amount of

may be sustained by the said owners respectively; and

damages

the said jury shall reduce their inquisition to writing,

and sign and seal the same, and it shall then be re-

turned by the sheriff to the clerk of the circuit court

of the county, and be filed by said clerk in his office,

and shall be confirmed by said court at its next term

of session, if no sufficient cause to the contrary be

shown, and when confirmed shall be recorded by said

clerk at the expense of the company; but if the same

be set aside, the said court shall direct another inquisi-

tion to be taken in manner described above; and in

the case of the second or any other inquisition which

is confirmed by the court, shall not award to the land-

owner a larger amount of damages than was awarded

by the first inquisition, the court may, in its discretion,

Costs — how to

order the costs of the said second or other inquisitions

be paid.

to be paid by the said owner or owners of said land or

materials condemned, and the inquisitions shall in all

cases describe the property taken, or the bounds of the

land condemned, and the quality or duration of the

interest in the same, valued for the company; and

such valuation, when paid or tendered to the owner or

owners of the property, his, her or their legal repre-

sentatives, shall entitle the said company to the estate

or interest in the same thus valued as if it had been

legally conveyed by the owner or owners of the same ;

and the valuation, if not received when tendered, may

at any time thereafter be recovered without costs from

said company by the owner or owners, his, her or their

legal representatives, and the said sheriff shall keep

the said jury together for a reasonable time until they