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specified in said warrant, not less than five nor
more than ten days after issuing the same; and in
case any of the jurors aforesaid do not attend, the
said Sheriff shall instanter summon as many jurors
as may be necessary with the jurors in attendance
to furnish a panel of twenty jurors in attendance,
and from them each party, his, her or their agent,
and if either be not present in person or by agent,
the Sheriff may strike off four jurors for each of
the absent parties, and the remaining twelve shall
act as the jury of inquest of damages, and before
they act as each the said Sheriff shall administer
to eaeh of them an oath or affirmation, as the case
may be, that he will justly and impartially value
the damages which the owner or owners of said
land will sustain by the use or occupation of the
same required by the company, and the jury esti-
mating such damages shall take into the estimate
the benefit resulting to the said owner or owners
from conducting such railroad through or along
the property of the said owner or owners, but only
in extinguishment of the claim of damages, and
said jury shall reduce their inquisition to writing,
and shall sign and seal the same, and it shall then
be returned by said Sheriff to the Clerk of his coun-
ty, 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 the said company, but if set aside
the said court may direct another inquisition to
take place in the mode before prescribed, and such
inquisition shall describe the property taken or
the bounds of the land condemned, and the quan-
tity 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 said property,
or his, her or their legal representatives, shall en-
title the said company to the estate and interest in
the same thus valued, as fully as if it had been
conveyed by the owner or owners of the same, and
the said valuation, if not received when tendered,
may at any time thereafter be received from the
said company without costs by the said owner or
owners, or his, her or their legal representatives.
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Sheriff to
summon Ju-
rors, &c.
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