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shall be deemed nebessary; and the decision of the commis-
sioners aforesaid, or a majority of them, shall be considered
final and conclusive, between the parties, unless an appeal shall
thereafter be prosecuted as is herein after provided; and the
amount or value of the land, and the right of way as aforesaid
thereto, so assessed, being paid or offered to be paid to the pro-
prietor or proprietors thereof, the United States shall thencefor-
ward, be considered the true and lawful owners of the said land,
of the said right and privileges of a way for the purposes afore-
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Proviso.
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said; Provided always, that if the owner or owners of the said
land, and of the said road, so aforesaid valued, his, her or their
guardian or guardians, trustee or trustees, shall conceive him,
her or themselves, aggrieved by such valuation by the said
commissioners, or any of them, and shall notify to the said
commissioners the same in writing, it shall and may be lawful
for said commissioners, or any three of them, to issue their war-
rant to the sheriff of any county, as the case may be, com-
manding him to summon twelve free-holders in the county
aforesaid, and not interested in the premises, and qualified to
serve as jurors in the county court, to appear on a day to be by
them appointed on the premises, and the said commissioners, or
any one of them, are hereby authorized to administer an oath
or affirmation, as the case may be, to every person so summoned,
that he will, without favour, affection, partiality or prejudice,
assess the damages sustained by the person or persons, at whose
request such inquisition shall be taken, by transfer of his, her
or their lands about to be made as aforesaid, and by reason of
the disadvantages attendant upon the erection as aforesaid, and
the privilege of the road aforesaid, upon the land aforesaid; and
the person so summoned, and so qualified, shall thereupon pro-
ceed to assess and value the damages accordingly, of which the
said commissioners, or any one of therji, shall have given notice
in the public papers as aforesaid; and such inquisition shall be
final and conclusive; Provided, that in such appeal from the
valuation and assessment of damages made by the commis-
sioners, should the valuation and assessment of the said com-
missioners be confirmed by the jury, by this section directed to
be summoned, the party appealing shall pay the whole expense
incurred thereby.
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