EDWIN WARFIELD, ESQ., GOVERNOR.

623

said inlet or canal, for the purchase and use and occupation
or division of the same, and if they cannot agree, or if any
owner is an infant or feme covert, or non compos mentis, or if
from any other cause legally incapable of making a valid
contract, application may be made by the said company to
any justice of the peace of said county, who shall thereupon
issue his warrant under his hand and seal to the sheriff of
the county, requiring him to summon a jury of twenty of the
male inhabitants of the said county above the age of 21
years, not related to the parties or in any way interested, to
meet on the land, or near the materials or other property
wanted, on a day named in said warrant, not less than ten
nor more than twenty clays after issuing the same; and if at

CHAP. 338

said time or place any of the said jurors summoned do not
attend, the sheriff shall immediately summon as many per-
sons similarly qualified as together, with those in attendance,
will furnish a panel of twenty jurors in attendance; and
from the panel each party, his, her, its or their agents or
attorneys, or if either party be not present in person or by
agent, or being present in person or by agent, refuse to strike,
the sheriff for him, it or them, may strike off four persons,
and the remaining twelve shall act as 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 land
required by the said company, and also the benefits or
advantages to accrue to the owner or owners by the construc-
tion of the said inlet as a set-off to said damages, but only
in extinguishment of the claims or damages, and not for the
actual value of the land or other material taken; and after
having made a fair and just estimate of the advantages and
disadvantages arising from the construction of the said inlet
or canal for oyster planting they shall estimate and deter-

Jury
summoned.

mine what amount of damages has been or may be sustained
by the said owners, respectively; 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 of the county, and be filed by said clerk in his office,
and shall be confirmed by said court at its next term, if no
sufficient cause to the contrary be shown, and when con-
firmed shall be recorded by said clerk at. the expense of the

Estimate
damages.