T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

the damages shall be reduced,, the original assess-
ment shall be abated to the extent of said reduction
and if the sum assessed by the commissioners has
been paid by the company, the court shall render
judgment against the said owner or owners of said
land for the amount of said reduction, and the costs
of the caveat shall as in other cases be adjudged
to be paid by the unsuccessful party.

CHAP. 59.

SEC. 5. And be it further enacted, That if any
defendant in any caveat filed under this act shall
be a minor, or a person non compos mentis, the
court may direct notice of the caveat to be given to
the guardian or committee, if any, and if none,
the said court shall appoint a guardian ad vitem,
and upon such notice being given or appointment
made, and the appearance of the guardian, as it
may deem reasonable and just, the court may direct
the trial to proceed, and if the defendant be a non
resident, the court may order notice of the sub-
stance and object of the caveat to be given to him,
her or them by publication or otherwise as it may
deem reasonable, and on such notice being given
may proceed to hear and determine the cause.

Notices of
caveat in cer-
tain cases.

SEC. 6. And be it further enacted, That the clerk
of the said courts to whom any assessment shall be
returned, and any damages paid, shall be entitled
to such fees as by law he is now entitled to for simi-
lar services, and his official bond shall be liable for
any failure to discharge the duties hereby pre-
scribed in the same manner as for any breach of
duty.

Clerk's fees.

SEC. 7. And be it further enacted, That this act,
except the first section, shall be in force from its
passage.

In force.