| CHARLES GOLDSBOROUGH, ESQUIRE, GOVERNOR.
opinion is founded; and if the said commissioners shall be of opinion
that the sid road ought not to be opened, or straightened, or
shut up, they shall report their opinion to the county court aforesaid,
together with the reasons on which the same is founded. |
1818.
CHAP. 89. |
2. AND BE IT ENACTED, That the said commissioners,
before
they proceed to act as such, shall take an oath or affirmation, as the
case may be, to execute the trust reposed in them by the commission
to them issued, faithfully and without favour, affection or partiality. |
Commissioners to
take an oath. |
3. AND BE IT ENACTED, That the commissioners,
or a majority
of them, before they proceed to locate any road proposed to be opened,
straightened or shut up, shall give at least fifteen days notice to
all the parties concerned, and the return of the commissioners setting
forth that they have taken the oath and given the notice required
by this law, or any words to that effect, shall be prima facie
evidence that the same was done. |
Before they proceed
to locate road
to give notice, &c. |
4. AND BE IT ENACTED, That it shall not be
lawful for any road
opened or straightened in virtue of this act, to pass through the
buildings, yards, gardens or orchards, of any person or persons,
without the consent of the owner or owners thereof. |
No road to pass
through buildings,
&c. without consent
of owner. |
5. AND BE IT ENACTED, That if no objection
shall be made to
the return of the commissioners within the four first days of the term
next succeeding the term at which the said return shall be made,
the court may proceed to pass judgment thereon, and affirm or reject
the same, or order it to be amended, in the discretion of the court,
or may in their discretion continue over the proceedings to the next
term, and so from term to term, so long as the court shall in their
judgment think such continuance necessary for the purpose of justice. |
If no objection
shall be made, to
return of commissioners,
court
may pass judgment,
&c. |
6. AND BE IT ENACTED, That if any person or
persons shall
conceive him or themselves aggrieved by the decision of the commissioners,
or of a majority of them, it shall and may be lawful for
such person or persons to file, in writing, their objections to the
return of the commissioners, at any time before the same shall be
finally ratified by the court, and the court shall thereupon proceed
to hear testimony, if any shall be offered, and affirm or reject the
said return, or order it to be amended, as to the court shall seem
right, and may also continue the proceedings as is provided in the
fifth section of this law; Provided always, that either party shall
on
motion to the court, made before the hearing of testimony, be entitled
to a trial by jury, and the issue or issues shall be framed under
the direction of the court, so as to bring the matter in dispute between
the parties fairly to trial, whether the same shall relate to
the location of the road or the ascertainment of damages by the commissioners. |
Persons aggrieved
to file their objections.
Proviso. |
7. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, shall value and ascertain the damages that may be
sustained by each and every person through whose lands the said
road may pass, in case the application shall be for opening or straightening
a road, by opening or straightening the same, taking into
consideration the advantages and disadvantages of the same, if
any; and the said commissioners shall make such ascertainment of
damages a part of their return to the court, and the same, with the
rest of the proceedings, shall be subject to the ratification, rejection
or alteration, of the court, in such manner as in their judgment
shall be just. |
Damages to be ascertained. |
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