COUNTY COMMISSIONERS.

2255

of money (if any) by them estimated as the damages or com-
pensation proper to be allowed to each of the owners of such
land, and shall also specify the quantity of land belonging to
them respectively to be occupied by such road.

SEC. 5. And be it enacted, That after the return shall be
made as aforesaid, by the examiners, the commissioners shall
appoint a day for final hearing, being not less than three
months from and after that whereon such return shall be made,
whereof publication shall be made in at least two newspapers
published in said county for four successive weeks, warning
all persons interested to appear before the said commissioners,
to shew cause why the return of the examiners should not be
ratified and confirmed.

Day of final
hearing.

SEC. 6. And be it enacted, That upon hearing the parties,
and the testimony which may be adduced, the said commis-
sioners may adjourn or postpone the case from time to time, or
may permit such amendments to be made in the plot and re-
turn as to them may seem right and necessary, and shall have
full power and authority to reject or confirm the return of the
examiners, and to decree the road to be opened, straightened,
altered, or shut up, or not, as they may think just and right
between the parties, and consistent with the general good ; and
if they shall determine to confirm the return of the examiners,
they shall have power to enlarge the damages proposed to be
allowed to any person or persons as they may think right, but
shall not in any case reduce or diminish them without the
express assent in writing of the party.

May reject
or confirm
return of
examiners

SEC. 7. And be it enacted, That if any owner or owners of
the land through which such road is located, shall deem him-
self, herself or themselves, aggrieved by reason of the inade-
quacy of damages or compensation allowed to him or them by
the decree of the said commissioners, the party so aggrieved
shall have the right of appealing for redress to the county
court, in which the case shall be tried by a jury upon an issue
or issues framed under the direction of the court, and therein
the party appealing shall be the plaintiff, and the commissioners
of Washington county defendants, and the decision of such

Persons ag-
grieved may
appeal.

jury shall be final and conclusive ; Provided, that the said right
to appeal shall cease unless the party, shall, within one month
after the date of the decree of the commissioners, file with the
clerk of said commissioners, notice in writing that he, she or
they, claim the right of appealing ; and upon the receipt of
such notice it shall be the duty of said clerk to transmit to
the county court at their next term, the commission and re-
turn, plot and decree, and all other papers filed in the case, to
be laid before the jury.

Proviso.

SEC. 8. And be it enacted, That in case the commissioners
aforesaid should reject the return of the examiners, all the

Costs.