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Old road may
be shut up by
persons inter-
ested.
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AND BE IT ENACTED, That any part of the
old overshot road which shall become useless and
unnecessary by reason of opening the first mentioned
road, as soon as the same is made passable, may be
shut up by any person or persons through whose land
the said old road now passes.
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Commissioners
shall value dam-
ages. Persons
dissatisfied may
apply to a jus--
tice; he may
summon a jury.
Their duty, &c.
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AND BE IT ENACTED, That the commission-
ers, or a majority of them, shall ascertain and value,
(if required, ) what damages may be sustained by any
person or persons over whose lands the said road may
pass, by opening the same, taking into consideration
the advantages and disadvantages, (if any; ) and the
valuation shall be made before the said commission-
ers shall proceed to open the said road; Provided al-
ways, That if any person or persons through whose
land the said road may pass, or his, her or their guar-
dian or trustee shall conceive themselves aggrieved
by such valuation and assessment of damages by the
said commissioners, it shall and may be lawful for any
justice of the peace of said county, on application of
the party interested, or his, her or their guardian or
trustee, to issue his warrant, under his hand and seal,
directed to any constable of the county, commanding
him to summon twelve freeholders, not related to the
person so applying for a jury, or in any way interested
in the opening of the said road, to appear on a day, by
the said justice to be appointed, on the land of the per-
son or persons making application as aforesaid, or for
whose benefit such application shall be made; and the
said freeholders, having first made oath, before some
justice of the peace, that they will, without favor,
affection or partiality, assess the damages sustained
by the person or persons at whose request such inqui-
sition shall be taken by reason of opening the afore-
said road through his, her or their land, shall there-
upon proceed to assess and value the damages accor-
dingly, taking into consideration the advantages and
disadvantages, (if any; ) of which the said commission-
ers or it majority, shall have at least five days notice,
and shall return the damages so assessed to the said
justice of the peace, and such inquisition and valuation
shall be final and conclusive; Provided, That the said
road shall not pass through any house, yard, garden
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