THOMAS SWANN, ESQUIRE, GOVERNOR. 609
shall be tried by a Jury under the direction of the
Court; and the said Court may amend the said cer-
tificate if the same shall be necessary, and if any
increased damages shall be found by the Jury, the
judgment shall be rendered against the Company
for such increased sum, together with the amount
of damages assessed by the Commissioners if the
same has not already been paid or deposited as
aforesaid, and unless the same is paid or deposited
within sixty days from the rendition thereof; exe-
cution may issue therefor,, and said Company shall
have no right to enter or continue upon the said
land until it is paid, and if the damages shall be
reduced, and the original assessment shall be abat-
ed to the extent of said reduction, and if the sum
assessed by the Commissioners has been paid by
the Company, the Court shall render judgment
against the said owner or owners of said land for
the amount of said reduction and the costs of the
caveat shall as in other cases, be adjudged to be
paid by the unsuccessful party. |
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Sec. 10. And be it further enacted. That if any
defendant in any caveat, filed under this Act shall
be a minor, or a person non compos mentis the
Court may direct notice of the caveat to be given
to the guardian or committee, if any, and if none,
the Baid Court shall appoint a guardian ad litem,
and upon such notice being givin or appointment
made, and the appearace of the guardian, as it may
deem reasonable and just, the Court may order
notice of the substance, and object of the caveat to
be given to him, her, or them by publication or
otherwise as it may deem reasonable, and on such
notice being given may proceed to hear and deter-
mine the cause. |
In case of
Minors, &c. |
Sec. 11. And be it further enacted, That the
Clerk of the said Court to whom any assessment
shall be returned and any damages paid, shall be
entitled to such fees, as by law he is now entitled
to for similar services, and his official bond shall
be liable for any failure to discharge the duties
hereby prescribed, in the same manner as for any
breach of duty. |
Fees of Clerk
of Court. |
Sec. 12. Andbeitenacted, That whenever in the
construction of said road or roads, it shall be ne-
cessary to cross or intersect any established road or
77 |
Crossing of
established
roads. |
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