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Dec. Ses. 1816
Money to be
vested.
Plot to be made
and returned.
If any person
conceives him-
self aggrieved,
jury may be
summoned, &c.
Inquisition to
make return.
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orphans court, as damage or consideration money for the rights
and privileges aforesaid.
7. And be it enacted, That the said money, when paid, shall,
under the discretion of the orphans court aforesaid, be vested in
such manner as the said court may direct, and so remain until
the minor or minors entitled to receive the same shall have arriv-
ed at age, and if any of the said minors shall die before they arrive
at lawful age, the money vested as aforesaid shall belong to the
person or persons who shall inherit the land through which the
race was cut, and the said land covered by water as aforesaid.
8. And be it enacted, That the said commissioners, when so
appointed, shall cause a plot and certificate to be made of the
lands covered by water, or injured by reason of said mill-race,
and cause a copy of the same to be returned to the clerk's office
of said county, there to be recorded, and the expenses thereof,
together with two dollars per day to each commissioner, shall be
paid by the said Winbert Tschudy, his heirs or assigns.
9. And be it enacted, That if the said Winbert Tschudy, his
heirs or assigns, or any other person or persons through whose
lands the said race shall pass, or on which said dam may be
erected, or his or their guardian or legal representatives, shall
conceive him, her or 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, on his, her, or
their application, to issue his warrant, under his hand and seal,
directed to any constable of the county aforesaid, commanding
him to summon twelve disinterested men, qualified to serve as
jurors in the county court, to meet upon the premises on a certain
day, of which ten days notice at least shall be given to the party
or parties interested; and the said jurors when so met, and hav-
ing each taken an oath before some, justice of the. peace of the
county aforesaid, that he will, without favour, affection or parti-
ality, assess the damages sustained by the person or persons at
whose request such inquisition shall be taken, by reason of erect-
ing of the said dam, and cutting said race, on or through his, her,
or their lands, or in case of exorbitant damages having been as-
sessed by said commissioners, shall thereupon proceed to assess
and value the damages accordingly, taking into consideration
the advantages and disadvantages, if any, and such inquisition
and valuation shall be final and conclusive between the parties
respectively, provided the expenses of said inquisition he paid,
or secured to be paid, by the person or persons applying as afore-
said.
10. And be it enacted, That the said inquisition shall return, to
the said orphans court aforesaid, under their hands and seals,
the result of their investigation, and if any additional damages
shall have been assessed, the same shall be, if adjudged to minors,
under the direction of the court as aforesaid.
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