232

LAWS OF MARYLAND.

condemned or overflowed as aforesaid, shall be
dissatisfied with the award of damages made and
certified all aforesaid, the said company or said
owner or owners may, by petition to the Circuit
Court of said county, at the next term thereof, or
within thirty days after the filing said award,
setting forth the ground of dissatisfaction with
said award, caveat the same, and thereupon the
said court shall have jurisdiction of the matter,
and the appearance of the defendant shall be
compelled, and the cause stand for trial as in cases
of appeal from the judgments of Justices of the
Peace, and upon the appearance of the defendant
or defendants, the matter in issue, if matter of
law, shall be tried by the court, and if matter of
fact, shall be tried by a jury under the direction
of the court ; and the said court may amend the
said certificate, if the same shall be necessary, and
if any increased damages shall be found by the
jury, the judgment shall be rendered against the
company for such additional sum, together with
the amount of damages assessed by the Commis-
sioners, if the sum has not been already paid or
deposited as aforesaid, and unless the same is paid
or deposited within sixty days from the rendition
thereof, execution may issue thereof, and the said
company shall have no right to enter or continue
upon the said land, or to overflow the same, until
it is paid, and if the damages shall be reduced,
the original assessment shall be abated to the ex-
tent of said reduction, and if the sum assessed by
the Commissioners has been paid by the company,
the court shall render judgment to the owner or
owners of said lands for the amount of said re-
duction, and the cost of the caveats, shall as in
other cases, be adjudged to be paid by the unsuc-
cessful party.

Notice to be
given.

Sec. 18. And be it further enacted, That if any
defendent in any caveat filed under this act, shall
be a minor, or a person non compos mentis, the
court may direct notice of the caveats to be given
to the guardian, or committee, if any, and if none,
the court shall appoint a guardian ad libitum, and
upon notice being given, or appointments made,
and the appearance of the guardian or committee,
as it shall deem reasonable and just, the court
may direct the trial to proceed ; and if the defend.