A. W. BRADFORD, ESQUIRE, GOVERNOR

the same, and if they cannot agree, or if the owner
or owners, or any of them, be a feme covert, under
age, non compos mentis, or oat of the county in
which the property wanted may lie, 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 un-
der hand and seal, directed to the Sheriff of said

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county, requiring him to summon a jury of twenty
inhabitants of said county, not related, nor many
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 the issuing of the same,
and if at said time and place any of said jurors
summoned do not attend, the said Sheriff shall im-
mediately summon as many jurors as may be neces-
sary with the jurors in attendance to furnish a panel
of twenty jurors in attendance, 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
four jurors, and the remaining twelve shall act as
a jury of inquest of damages, and before they act
as such the same Sheriff shall administer to each
of them an oath or affirmation, as the case may be,
that he will justly and impartially value the dam-
ages which the owner or owners will sustain by the
use or occupation of the same, required by the com-
pany, and the jury in estimating such damages,
shall take into the estimate the benefit resulting
to the said owner or owners from conducting such
railroad through, along or near to the property of
said owner or owners, but 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 returned
by the said Sheriff to the Clerk of his county as the
case may be, 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 inquisition to be ta-
ken in the manner above prescribed, and such in-
quisition shall describe the property taken or the
bounds of the land condemned, and the quantity
and duration of the interest in the same, valued

Jury to be
summoned.