|
|
of twenty inhabitants of the county (where such
lands, materials, &c., may be) not related nor in any
wise interested in the premises, to meet on the land
to be valued, on a day to be specified in said war-
rant, not less than ten nor more than thirty days after
issuing the same; and in case any of the jurors
aforesaid do not attend, the 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 remain-
ing twelve shall act as the jury of inquest of dama-
ges; and before they act as such, the Sheriff shall
administer to each of them an oath or affirmation, as
the case may be, that he will justly and impartially
value the damages and benefits which the owner or
owners of said lands will sustain by the use or oc-
cupation of the same, required by the Company; if
required by the party or parties whose lands are to be
affected by their proceeding, or by the said railroad
company, or their agent or agents, the jury shall
cause to be summoned such witnesses as the parties
may require, and shall examine them on oath or af-
firmation in relation to the value of property to be
condemned, and they shall reduce the testimony, if
any is taken by them, to writing; and alter the testi-
mony is closed, and without any unnecessary delay,
and after having made a fair and just comparison of
the advantages and disadvantages arising from the
said railroad, they shall estimate and determine
whether any, and if any, what amount of damages
has been or may be sustained by the said owner or
owners respectively, and make report thereof accord-
ingly; 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
the Circuit Court 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 to the
contrary be shown; and when confirmed, shall be re-
corded by said Clerk; but if set aside, the said court
may direct another inquisition, to take place in the
manner before described, whose decision shall be re-
turned as before directed, and such valuation when
paid or tendered to the owner or owners of said prop-
erty, or his, her, or their legal representatives, shall
|
|
|
