PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 239

show cause, if any they have, why the same should not be con-
firmed during the ten days succeeding the filing of the said
award; and if the appraisers appointed as hereinbefore pro-
vided should be unable to agree upon an award, they shall so
report to the said Court, and new appraisers shall be appointed,
who shall proceed as above provided; and new appraisers may
in like manner be appointed from time to time, until an award
shall be agreed upon; the said award shall lie in Court ten
days subject to exception, and either the petitioner or any
defendant or any owner or reputed owner of any interest in
the property sought to be condemned whether he shall have pre-
viously appeared to the said petition, or shall have been made
a party thereto or not, shall have the right to file exceptions to
said award; upon such exceptions being filed the Court shall, as
soon thereafter as conveniently may be, have the same heard,
tried and determined in Court before a jury, unless a jury
trial is waived, or by the Court if a jury trial is waived; in the
same manner and governed by the same rules of law as to the
admission of evidence and instructions to the jury as now
apply to the trial of appeals in cases growing out of the open-
ing of highways. Upon the request of any party or any juror
the Court shall send the jury to view the premises in the same
manner as is now done in actions at law by consent. The
Court shall have the same power as in ordinary cases at law,
to strike out the verdict of the jury and grant a new trial. If
no exception be filed to the award of the appraisers, the same
shall stand confirmed at the end of ten days after the filing of
same. After the confirmation of all the awards of the apprais-
ers to which there are no exceptions, after the rendition of the
judgment of the Court upon the exceptions thereto, if said
exceptions are tried before the Court, or after the judgment of
the Court upon the verdicts of the jury, if said exceptions are
tried before the jury, the petitioner shall pay to the owner or
owners of the property condemned, the amount so awarded to
them respectively; or, in case any owner refuses to receive the
amount awarded to him, or is out of the jurisdiction of the
Court, the petitioners may pay the same into Court into the
hands of the clerk thereof for the use of such owner, and upon
such payment being made, the petitioner shall become vested
with the title to the property so condemned, or the interest
of the defendants therein; subject, however, to the right of
appeal from said judgment by any party interested in said
property hereinafter provided for. The title acquired in any
condemnation proceeding under this act shall be absolute, or
.fee simple, or all the right, title and interest of all the parties