THOMAS W. VEAZEY, ESQUIRE GOVERNOR

1835.

longing to them respectively, to be occupied by such road.

CHAP. 220

SEC. 6. And be it enacted, That after the return

Day for final hear-

shall be made as aforesaid, by the examiners, the levy

ing

court shall appoint a day for final hearing, being not

less than thirty days from and after that on which

Notice required

such return shall have been made, whereof three weeks

public notice shall be given in at least one newspaper,

published in said county, if a newspaper be published

therein, and by advertisement set up at the court house

door of said county, warning all persons interested to

appear before the said court, to shew cause, why the

return of the examiners should not be ratified and con-

firmed.

SEC. 7. And be it enacted, That upon hearing the

General powers to

parties, and the testimony which may be adduced, the

the levy court

said levy court may adjourn or postpone the case from

time to time, or may permit such amendments to be

made in the plot and return as to them may seem right

and necessary, and shall have full power and authori-

ty to reject or confirm the return of the examiners, to

decree the road to be opened, straightened, altered or

shut up, or not, as they may think just and right be-

tween the parties, and consistent with the general

good; and if they shall determine to confirm the re-

turn of the examiners, they shall have power to en-

large the damages proposed to be allowed to any per-

son or persons as they may think right, but shall not

in any case reduce or diminish them without the ex-

press assent, in writing, of the party.

SEC. 8. A«d be it enacted, That if any owner or own-

Right of appeal

ers of the land though which such road is proposed to

be opened, straightened, or altered, shall consider him-

self, herself, or themselves, aggrieved by reason oi

inadequacy of damages or compensation allowed te

him, her, or them, by the decision or decree of the said

Levy Court, the party so aggrieved shall have the

right of appealing for redress to the county court, in

which the case shall be tried by a jury upon issue, or

Proceedings di-rected

issues, framed under the direction of the court, and

therein the party appealing shall be plaintiff and the

Levy Court of Montgomery county, defendant, and