E. LOUIS LOWE, ESQUIRE, GOVERNOR.
291
aforesaid, together with the reasons on which the
same
is founded.
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SEC. 4. And be it enacted,
That the said examiners,
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 favor, affection or partiality,
which oath shall be endorsed on the commission and
returned therewith.
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Oath.
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SEC. 5. And be it enacted,
That it shall not be
lawful for any road, opened or altered by virtue of this
act, to pass through the buildings, yards, gardens, burial
grounds, or orchards of any person or persons, without
the consent of the owner or owners thereof.
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Not lawful to
pass through
buildings, &c.
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SEC. 6. And be it enacted,
That if no objection be
made to the return of the examiners, at the meeting of
the county commissioners next succeeding the meeting
at which the said return shall be made, the said county
commissioners may proceed to pass judgment thereon,
and affirm or reject the same, or order it to be amended,
in their discretion, or may continue over the proceedings
to their next meeting, and so from time to time so long
as the said county commissioners shall, in their judgment
think such continuance necessary for the purposes
of justice.
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County commissioners
may affirm or
reject.
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SEC. 7. And
be it enacted, That the said examiners,
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 altering a
road, by opening or altering the same, taking into consideration
the advantages and disadvantages of the
same, if any; and the said examiners shall make such
ascertainment of damages a part of their return to the
county commissioners, and the same with the rest of
of their proceedings shall be subject to the ratification,
rejection or alteration of the said county commissioners
in such manner as in their judgment shall be just.
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Examiners to
value and ascertain
certain damages.
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SEC. 8. And
be it enacted, That the county commissioners,
to whom the return as aforesaid shall be
made, shall determine whether the damages adjudged
by the examiners as aforesaid, shall be paid by the persons
petitioning for the said road or roads, or levied on
the county, or may direct the said damages to be paid
by the petitioner and the county, in such proportion
as the county commissioners may deem just.
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Damages—
by whom to
be paid.
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SEC. 9. And be it enacted,
That in all cases of
proceedings under this act, the damages adjudged by
the county commissioners shall be paid to the respective
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Damages to
be paid before
opening books.
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