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chap. 264
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ing given five days notice to both parties of the time of their
meeting, shall proceed to the spot, and then and there upon
their own view and if required upon the evidence of wit-
nesses, (to be by them sworn or affirmed and examined)
shall assess the said damages, and shall afterwards make re-
port thereof and of their proceedings in writing under their
hands and seals and file the same within five days thereafter
in the office of the clerk of the county in which the land
aforesaid is situated, subject, to an appeal by cither party to
the county court of the said county within ten days after
filing as aforesaid, and the said report so made as aforesaid,
if no appeal as aforesaid be taken, shall be held to be final
and conclusive as between the said parties, and the amount
so assessed and reported shall be paid to the said owners or
possessors of the land so damaged within twenty days after
the filing of said report, and the said chief or associate jus-
tice as aforesaid, shall have authority to tax and allow upon
the filing of said report, such costs, fees and expenses to the
said freeholders for the performance of their duty as he shall
think equitable and just, which allowance shall be paid by
the person or persons employed under the act of congress
aforesaid, within the time last above limited, but if an ap-
peal as aforesaid be taken, the case shall be set down lor
hearing at the first term of county court aforesaid, ensuing
upon and after said appeal, and it shall be lawful for cither
party immediately after the entry of such appeal, to take
out summons for such witnesses as may he necessary to be
examined upon the hearing aforesaid, and the said court
shall have power in its discretion to award costs against
which ever the final judgment shall be entered, and such ap-
peal at the option of cither party may and shall He heard be-
fore and the damages assessed by a jury of twelve men to be
taken from the regular pannel and elected as in other cases.
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May sue and
recover.
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Sec. 3. And be it enacted, That if any person or per-
sons shall wilfully injure or deface or remove any signal,
monument or building or any appendage thereto, erected,
used or constructed under and by virtue of the act of con-
gress aforesaid, such person or persons so offending shall
severally forfeit and pay the sum of fifty dollars with costs
of suit to be sued for and recovered by any person who
shall first prosecute the same before any justice of the peace
of the county where the person so offending may reside, and
shall also be liable to pay the amount of damages thereby
sustained, to be recovered with costs of suit in an action on
the case, in the name and for the use of the United States of
America, in any court of competent jurisdiction.
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