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CHAP. 249.
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ter, summon as many jurors as may he necessary, with
the jurors in attendance, and from them, each party,
his, her, or their agent, or if either be not present in
person or by agent, the sheriff may strike off four ju-
rors for each of the absent parties, and the remaining
twelve shall act as the jury of inquest of damages;
and before they act as such, the said sheriff shall ad-
minister to each of them an oath or affirmation, as the
case may he, that he will justly and impartially value
the damage which the owner or owners of said land
will sustain, by the use or occupation of the same re-
quired by the company, and benefit resulting to the
said owner or owners, from constructing such rail
road through or along the property of the said owner
or owners, but only in extinguishment of the claim
of damages; and the said jury shall reduce their in-
quisition to writing, shall sign and seal the same, and
it shall be then returned by the said sheriff to the
clerk of his county, and by such clerk filed in his
court, and shall be confirmed by said court at its next
session, if no sufficient cause be shewn to the contra-
ry, 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 lake
place in the mode before described, and such inquisi-
tion shall describe the property taken, or the bounds
of the land condemned, and the quantity of 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 entitle 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
said owner or owners, or his, her, or their legal repre-
sentatives.
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Conditions on
which other
roads may be
made across
this road.
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SEC. 6. And be it enacted, That if any other rail
road, or any public highway, shall he authorised by
the Legislature, or any courts of this State, the direc-
tion of which shall lead across the rail way autho-
rised by this act, it shall be the duty of the New Cas-
tle and Frenchtown Turnpike and Rail Road Com-
pany, to permit such other rail road, or such public
high way, to cross the aforesaid rail road, the incorpo-
rated company, or person or persons, or county open-
ing such other rail road, or such public high way,
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