EDWIN WARFIELD, ESQ., GOVERNOR,

933

possessed of the property to her sole and separate use, or
authorized to contract in reference to the same, non compos
mentis or out of the county where such property wanted
may lie when, such property may be wanted, or for any other
cause be legally incapable of contracting, application may
be made by the said corporation to any justice of the peace
of such county, who shall thereupon issue his warrant,

CHAP. 478 1/2

under his hand and seal, to the sheriff of the county,
requiring him to summon a jury of twenty of the inhabi-
tants of said county above the age of twenty-one years
and qualified to act as jurors under the laws of this State,
not related to the parties nor in anywise interested, to meet
on the lands or near the materials or other property wanted
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 the said jurors summoned do not attend,
the sheriff shall immediately summon as many persons simi-
larly qualified as, together with those in attendance, shall
make up twenty, and from the panel each party, his, her, its
or their agent or attorney, or if either party be not present
in person or by agent, or being present in person or agent,
refuse to strike, the sheriff, for him, her, it or them, may

Condemnation
of property.

strike off 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 corpo-
ration, 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 filed 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 corporation ;
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 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 order the

Jury of inquest
of damages.