DANIEL MARTIN, ESQUIRE; GOVERNOR.
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77
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to time, or may permit such amendments to be made in the
plot and return as to them may seen 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 consist-
ent with the general good; and if they shall determine to
confirm the return of the examiners, they shall have pow-
er to enlarge the damages proposed to be allowed to any
person or persons as they may think right, hut shall not in
any case reduce or diminish them without the express as-
sent in writing of the party.
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1830.
CHAP. 75.
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Sec. 7. And be it enacted, That if any owner or own-
ers of the land through which such road is located, shall
deem himself, herself or themselves, aggrieved by reason
of the inadequacy 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 re-
dress to the county court, in which the case shall be tried
by a jury upon an issue or issues framed under the direc-
tion of the court, and (herein the party appealing shall be
the plaintiff, and the commissioners of Washington county
defendants, and the decision of such jury shall be final and
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Persons ag-
grieved may
appeal.
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conclusive; Provided , that the Mud 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.
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Proviso
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Sec. 8. And be it enacted, That in case the commis-
sioners aforesaid should reject the return of the examiners,
all the costs and charges incurred in giving notice as afore-
said, and by allowance to the examiner?, to the surveyor
and chain-carriers, and otherwise, shall be paid by the pe-
titioners, each one of whom shall be answerable for the
same; and if the commissioners shall confirm the return of
said examiners, then all of the said expenses, together with
the whole amount of the damages as assessed and allowed,
shall be paid by the commissioners aforesaid to the per-
sons entitled to receive the same, before the road, or any
part thereof, shall he opened.
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Costs.
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Sec. 9. And be it enacted, That whenever the said com-
missioners shall as aforesaid order and decree that any road
shall be opened, straightened, or altered, and shall cause a
copy of their decree, together with the plot and return, to
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Decree to be
recorded.
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