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each 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 will sus-
tain by the use or occupation of the same, required
by the company; 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 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 ses-
sion, if no sufficient cause to the contrary be
shown; and when confirmed shall be recorded by
said clerk, at the expense of said company, or
owner or owners of property, as the court may
award; but if set aside, the said court may direct
another inquisition to be taken in the manner
above prescribed, and such inquisition shall de-
scribe the property taken, or the bounds of the
lands 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 representatives, shall entitle the said
company to the estate, use of, and interest in the
same, thus valued as fully as if it had been con-
veyed by the owner or owners of the same, and
the valuation if not received when tendered, may
at any time thereafter be received from the com-
pany, without cost by the said owner or owners,
or his, her or their legal representative or repre-
sentatives, and every juror shall be entitled to one
dollar per day, while in attendance, and the sheriff
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Proviso.
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to his regular fees as for similar services; Pro-
vided always, that no timber shall be cut on any
land other than the bed of the rail road company,
by order of the said rail road company, or taken
by them for the use of the said road, without the
consent of the owner.
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Capital stock
may be in-
creased.
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SEC. 6. And be it enacted, That if the capital
stock of said company shall be deemed insufficient
for the purpose of this act, it shall and may be
lawful for the directors of said company, or a ma-
jority of them, from time to time, to increase the
said capital stock by the addition of as many
shares as they may deem necessary, for which
they may, at their option, cause subscriptions to
be received in the manner prescribed by them, or
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