Sect.  40.  If  the  offer  so  made  by  either  party  is  agreed  to  and  ac-
cepted by  the  other,  it  shall  establish  the  annual  compensation  to  be
thereafter  paid,  in  like  manner  as  if  it  had  been  established  by  a  verdict
and  judgment  upon  a  new  complaint :  provided,  that  a  memorandum  of
such  offer  and  acceptance,  and  of  the  agreement,  is  made  and  signed  by
the  respective  parties,  or  by  persons  duly  authorized  by  them,  nnd  filed
and  recorded  in  the  clerk's  office  of  the  court  in  which  the  former  judg-
ment was  rendered,  with  a  note  of  reference  on  the  record  of  the  former
judgment  to  the  book  where  the  agreement  is  recorded.
Sect.  41.  If  upon  a  complaint  by  the  owner  of  the  land  the  jury
decide  that  he  is  not  entitled  to  any  annual  compensation,  the  judgment
thereon  shall  be  no  bar  to  a  new  complaint  for  damages  alleged  to  have
arisen  after  the  former  verdict,  and  for  compensation  for  damages  there-
after sustained.
