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CHAP. 309.
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county, requiring him to summon a jury of twenty in-
habitants of said county, to meet on the land to be
valued on a day 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 such, the said sheriff
shall administer to each of them an oath or affirma-
tion, as the case may be, that he will justly and im-
partially 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, in
estimating such damages, shall take into the estimate
the benefit resulting to the said owner or owners from
conducting such rail road through or along the proper-
ty of the said owner or owners, but only in extinguish-
ment of the claim of damages, and the said jury shall
reduce their inquisition to writing, shall sign and seal
the same, and it shall then be returned by the said
sheriff, to the clerk of his county, and by such clerk
filed in his court, and shall be continued 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
take place in the mode before described, and such in-
quisition shall describe the property taken or the bounds
of land condemned, and the quantity 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 repre-
sentatives, and if required by the party or parties whose
lands are to be affected by their proceedings, the jury
shall cause to be summoned such witness as the parties
may require, and shall examine them on oath, in rela-
tion to the value of the property to be condemned, and
the damages to that adjoining; and they shall reduce
the testimony to writing, if any is taken by them, and
after the testimony is closed in each case, and without
any unnecessary delay, and before proceeding to the
examination of any other claim, they shall ascertain
and determine the compensation which ought justly to
be made by the said company to the party or parties
owning or interested in the veal estate appraised by
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