Damages to be ascertained.
 
 
 
 

Provisos.

    6.  AND BE IT ENACTED, That the commissioners aforesaid, or a
majority of them, shall ascertain and value, if required, what
damages may be sustained by any person or persons over whose
land the said road may pass, by opening the same, and the valuation
shall be made before the said commissioners, or a majority of
them, shall proceed to open the said road; Provided always, that if
any person or persons through whose land the said road may pass,
or his, her or their guardian or trustee, shall conceive themselves
aggrieved by such valuation and assessment of damages by the
said commissioners, or a majority of them, it shall and may be
lawful for any justice of the peace of the county in which the land
lies, on application of the party interested, or his, her or their
guardian or trustee, to issue his warrant, under his hand and seal,
directed to any constable of the county, commanding him to summon
twelve freeholders, who do not hold lands through which the
said road may pass, to appear, on a day by the said justices to be
appointed, on the land of the person or persons making application
as aforesaid, or for whose benefit such application shall be
made, and the said freeholders, having first made oath before said
justice of the peace, that they will, without favour, affection or
partiality, assess the damages sustained by the person or persons
at whose request, or for whose benefit, such inquisition shall be
taken, by reason of opening the aforesaid road through his, her or
their land shall thereupon proceed to assess and value the damages
accordingly, of which the said commissioners, or a majority of
them, shall have had at least five days notice, and shall return the
damages so assessed to the said justice of the peace, and such inquisition
and valuation shall be final and conclusive; and the party
or parties in whose favour the valuation ascertained by the said
commissioners, or a majority of them, or the damages assessed by
the said freeholders, shall be made, shall be entitled to receive the
same from the said treasurer, or an order drawn on him by the
said commissioners, or a majority of them; and the said commissioners
shall direct the treasurer aforesaid to pay, or secure the
same to be paid, out of the monies raised, or to be raised and collected
from the subscriptions to the said road, within the space of
six months after the assessment of such valuation or damages, and
before they shall proceed to affect the lands and tenements of the
person or persons concerned; and upon the payment of the money,
or the securing the same to be paid as aforesaid, to the person or
persons through whose land the said road is intended to pass, the
said commissioners may open the said road through such person or
persons land; Provided, that the said road shall not pass through
any house, yard, garden, meadow or orchard, unless with the consent
of the owner or owners thereof.