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cause a notice, in writing, to be served upon all the
parties, the present, owners of the land upon which
said landing and road are proposed to be located, gi-
ving at least ten days' notice of the time when they
will commence the location.
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CHAP. 258.
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SEC. 5. And be it enacted, That if the owner or
owners of the land required by the provisions of this
act, for the public road or landing therein mentioned,
shall not be satisfied with the amount of damages ascer-
tained by the commissioners aforesaid, or be a minor,
feme covert, or non compos, it shall be the duty of
said commissioners to apply, in writing, to some jus-
tice of the peace of the county in which said lands lie,
stating the facts, and the said justice shall thereupon
issue his warrant to the sheriff of the county afore-
said, to summon a jury of twelve freeholders of said
county, not in any way interested in the road or land-
ing, or connected with owners or commissioners, to
meet, on the land required at some day, not less than
twenty days from the date of said warrant, and sum-
mon also the guardian, committee or husband of the
owner, to appear, if he deem fit; and the said sheriff,
on the day of return of said warrant, shall ad minis-
ter an oath or affirmation to said jurors, on the pre-
mises, "well and truly to appraise the value of said
land and damages which the owner or owners may
sustain by the establishment of said landing or open-
ing of said road;" and the inquisition of said jury,
under their hands and seals, and the seal of said sher-
iff, shall be returned to the clerk of the county court
of said county, to be ratified or set aside, as to the
court may seem fit; and when the said inquisition shall
be ratified, it shall be the duty of the levy court afore-
said to levy the amount of damages and costs on the
said county, for the use of the owner or owners;
and if the said county court shall set aside the said
inquisition, they shall order another to be made, and
returned and ratified as aforesaid; whereupon the said
levy court shall levy the amount of the same, and
costs of the proceedings as aforesaid; and in no case
shall the levy court assess the damages ascertained by
the commissioners, unless the owners assent, in wri-
ting, to the same.
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Appeal as to
damages pro-
vided.
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