LLOYD LOWNDES, ESQUIRE, GOVERNOR. 241

four persons, and the remaining twelve shall act as the jury of
the 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 the
owner or owners will sustain by the use and occupation of the
property required by the said company, and the said jury shall
reduce their inquisition to writing and sign and seal the same;
and it shall then be returned by the sheriff to the clerk of the
Circuit Court for his county, and be tiled by said clerk in his
office, and shall be confirmed by said court any time after the
expiration of thirty days from the date of such filing, 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 inquisition to be taken, in the manner above
described; and in case the second or any other inqui-
sition 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, order
the costs of said second or other inquisition, to be paid by the
owner or owners of said land or materials condemned; and the
inquisition 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 val-
uation, when paid or tendered to the owner or owners of the
property, his, her, or their legal representatives, shall entitle the
said company to the estate and interest in the same thus val-
ued, 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 received without costs from
said company, by the owner or owners, his, her, or their legal
representatives; and the sheriff shall keep the said jury to-
gether for a reasonable time, until they shall agree upon and
sign and seal the said inquisition; and in case it shall so
happen that the jury can not agree, after being kept together
as aforesaid, the sheriff may, in his discretion, discharge the
said jury, and without any further warrant from a justice of
the peace, shall, within five days thereafter, summon another
jury of twenty inhabitants, as aforesaid, not upon the former
jury; and the same proceedings shall be had in all respects, as
is hereinbefore provided; and in case of a second or other dis-
agreement of the jury, the same proceedings shall be had until
a verdict or inquisition shall be made and returned as afore-
said.

16