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injury as possible to the lands through which the said
roads may pass; Provided, that the said roads shall not
pass through any houses, gardens or orchards, without
the consent of the owner thereof; and the said roads
when so laid out and opened, shall be recorded among
the records of said county, and shall forever thereafter
be deemed public roads, and shall be kept in repair in
the same manner as other public roads are kept in said
county.
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DEC. SESS.
1813.
Proviso.
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2. AND BE IT ENACTED, That the commis-
sioners aforesaid, or a majority of them, he, and they
are hereby authorised and directed to ascertain and va-
lue what damages may be sustained by any person or per-
sons through whose land either of the said roads may
pass by opening the same, taking into consideration all
advantages ana disadvantages in consequence thereof,
and the damages so ascertained, or in the event of their
being ascertained by a jury, shall be levied and assessed
as outer county charges are, and shall be paid over to the
person or persons entitled to receive the same.
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Damages.
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3. AND BE IT ENACTED, That if any person or
persons through whose land either of the said roads may
pass, or his or their guardian or trustee, shall conceive
himself, herself or themselves aggrieved by such valuation
or assessment of damages by said commissioners, it shall
and may be lawful for a justice of the peace of the said
county, on his or their application, to issue his warrant,
under his hand and seal, directed to the constable of the
hundred, commanding him to summon twelve disinter-
ested men qualified to serve as jurors in the county court,
to meet upon the premises upon a certain day, of which
ten days notice shall be given to the party or panics in-
terested, and that the said jurors, when so met, and hav-
ing each first taken an oath before some justice of the
peace, that he will without favor or affection, prejudice
or partiality, assess the damages sustained by the person
or persons, at whose request such inquisition shall be
taken, by reason of opening the said road through his or
their lands, shall thereupon proceed to assses and value
the damages accordingly, taking into consideration the
advantages and disadvantages, (if any;) and such inqui-
sition and valuation shall be final and conclusive, and
the said constable shall return the inquisition of the jury
aforesaid under his hand and seal to the levy court of said
county: hut should the jury award a smaller sum for
damages than the commissioners had previously done,
then and in that case the person or persons at whose in-
stance it was held, shall pay all the legal costs and
charges of said inquisition, but if on the contrary they
should award a larger sum, then the costs of such inqui-
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Persons ag-
grieved. — Re-
medy.
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sition shall be paid by the county; Provided, AND BE
IT ENACTED, That the owner, possessor or occupier
of the said lower Red Lion Mill shall not be entitled to
any damages by reason of said road passing through his
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Proviso.
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