them sustained, by reason of such road running upon and through
his, her or their land, then the said commissioners, or a majority
of them, shall proceed to value and estimate the value of the land
so to be occupied by the said road, and the damages sustained by
the said owner or owners of the land upon which the same shall
run by reason thereof, and report the same to the levy court aforesaid;
and the said levy court, at their next levy thereafter, shall
levy the amount of such damages upon the assessable property of
the said county; but if the owner or owners of such land shall appear
before the levy court before the levy for raising the same is
laid, and object to the valuation of the land and estimate of damages,
or either of them, so made by the commissioners, and demand
a jury to value his, her or their land, so to be occupied by the said
road, or to assess the damages to him, her or them, occasioned by the
said road, the levy court shall direct the sheriff of Washington county
to summon twelve freeholders of the said county, not related to the
person or persons so demanding the same, and shall fix a day when
the said jury is to attend on the said land so to be occupied or damaged
by the said road, to value the same, and to adjudge and assess
the damages which will accrue to the person or persons so demanding
the jury, by reason of the said road, if any, the said jury first
taking an oath, by the sheriff to them to be administered, to ascertain
the true value of the land so to be occupied by the said road,
and assess the damages by the person or persons requiring such
jury, by reason of the said road, justly and fairly, without favour,
affection or ill-well to any person, and to the best of their knowledge
and judgment; and the verdict to be given by the said jury
shall be signed by the jurors respectively, and delivered to the
said sheriff, and by him be returned to the said levy court, and the
said court shall levy the sum so adjudged upon the assessable property
of the said county, at the laying of the next levy for the said
county thereafter; but if such valuation by the jury should be less
than that before made by the commissioners, the owner or owners
of the land so requiring such jury shall pay all the costs of the said
proceeding.