JOHN WALTER SMITH, ESQ., GOVERNOR.

men shall be chosen therefrom in the usual manner and shall
be sworn. Thereafter no objection shall be heard or allowed
against the proceedings on account of the disqualification of
any member of the jury. Upon the finding of the court, if
the case is submitted to the court, without the intervention
of a jury, or on the finding of the jury, the court shall by its

55i

order affirm the original inquisition or it shall modify the
same, and shall decide which party shall pay the costs of the
appeal, and the court shall also determine whether before
issuing the warrant to the sheriff the Commissioners made
such offer and tender for the purchase of the land as renders
the owners thereof bound to pay the costs incurred by the
Commissioners in the condemnation proceedings. The order
and decision of the court, when an appeal is taken affirming
or modifying the inquisition, shall also form a part of the
record of proceedings, to be recorded among the land records
in the clerk's office within three months after the time for
taking an appeal has expired, or in the case of an appeal
within three months after the decision thereof, the Commis-
sioners shall determine whether they will accept and take the
property under the condemnation. If within three months as,
aforsaid, said Commissioners shall not pay or tender the
amount required to be paid in the original inquisition or in
the order of court on appeal, or shall not, as hereinbefore
mentioned, pay the fund into said court of equity to be dis-
tributed, the condemnation shall lapse and be set aside.

The rights of the Commissioners under any inquisition
shall not be deemed or held prejudiced or affected by reason
of a failure to recover the proceedings of condemnation if the
Commissioners have taken possession of the property con-
demned.

Court shall
affirm or
modify
original
inquisition,
etc.

The sheriff shall be paid in full for his services in such
cause six dollars. The jurors shall severally receive fifty
cents per day, while the witnesses shall also be paid the sum
of fifty cents per day.

LICENSES.

Pay of sheriff,
etc.

75. The Commissioners shall have authority by ordinance
to require licenses or permits to be applied for and obtained
by the parties or persons hereinafter mentioned, and to fix the
amounts to be paid for said licenses or permits, and to pre-
scribe the penalties to be imposed for the failure to procure
the licenses or permits and to pay for the same. The moneys
paid for any and all such licenses or permits required and
issued under the order of the Commissioners shall belong to

Authority to
require
licenses, fix
amounts and
penalties for
failure to
procure, etc.