the same and due consideration of all the advan-
tages and disadvantages of the said road to the
owner or owners, shall assess the damages of the
said owner or owners, and shall certify their find-
ing and award in writing to the Clerk of the Cir-
cuit Court for Worcester county, in which certifi-
cate they shall describe the lands condemned and
the same shall berecorded among the land records
of his office, and a copy thereof under the seal of
the said office shall he legal evidence in any of the
Courts of this State, and the said Company on
paying the damages so assessed shall be entitled
to have, hold, use and enjoy the said land forever
for the purposes by them required, and in case any
owner or owners of the land as aforesaid con-
demned shall be a minor, or a non-resident or
from any cause shall be incapable of receiving, or
unwilling, or neglects to receive, or shall refuse to
receive the said damages, the said company may
pay the same to the Clerk of the said Court to
whom the assessment has been returned subject to
the order of said owner or owners, and the said
clerk shall endorse a receipt for said damages on
said certificate of assessment to be recorded there-
with, and thereupon the said company shall be
entitled to have, use and enjoy the said lands for-
ever as aforesaid; and all the expenses of making,
filing, and recording the said assessment and re-
ceipt shall be paid by the said company.

Where ow-
ners ofland are
dissatisfied.

Sec. 9. And be it further enacted, That if the
said Company or the owner or owners of any land.
required for the purpose of the said Company shall
be dissatisfied with the award of damages made,
and certified as aforesaid, the said Company or
said owner or owners, may by petition to the Cir-
cuit Court for Worcester County, at the next Ses-
sion thereof or within thirty days from the filing
of the said award setting forth the grounds of dis-
satisfaction with the award, caveat the same, and
thereupon the said Court shall have jurisdiction of
the matter, and the appearance of the defendant
shall becompelled and the cause stand for trial, as
in cases of appeals from judgments of Justices of
the Peace, and upon the appearance of the defen-
dant or defendants, the matter in issue, if matter
of law shall be tried by the Court, if matter of fact