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Dec. Ses. 1816.
Proviso.
Oath.
Jury may be
summoned
when parties
consider them-
selves aggriev-
ed.
Comm'rs al-
lowance.
Court to set
apart certain
days for
charging jury
&c.
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said road may pass, by opening or straightening of the same,
taking into consideration the advantages and disadvantages of
the same, if any, and the damages so ascertained, shall be levied
and assessed as other county charges are, and shall be paid over
to the persons respectively through whose lands the said road
shall pass; Provided, that the money levied or assessed for the
purpose of discharging the damages aforesaid shall be paid be-
fore the said road shall be opened or straightened agreeably to
the plot and certificate aforesaid.
7. And be it enacted, That the said commissioners before they
proceed to act, shall take an oath before a justice of the peace,
that they will without favour, partiality or prejudice, assess the
damages sustained by the persons through whose lands the said
road shall pass, by reason of opening the same.
8. And be it enacted, That if any person or persons through
whose lands the said road shall pass, or his, her, or their guardi-
an, shall conceive himself, herself or themselves, aggrieved by
such valuation and assessment of damages by the said commis-
sioners respectively, 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 the sheriff of the county,
commanding him to summon twelve disinterested men, qualified
by law to serve as jurors in the county court, to meet upon the
premises on a certain day, of which six days notice at least shall
be given to the party or parties interested; and the said jurors,
when so met, and having first taken an oath before some justice
of the peace, that he will without favour, 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 aforesaid road through his, her, or their land, 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 final and conclu-
sive between the parties respectively; Provided, that nothing
herein contained shall in any manner authorise the said commis-
sioners to lay out or open the said road through the buildings,
gardens, orchards or meadows, of any person or persons, without
his consent.
9. And be it enacted, That the said commissioners shall be en-
titled to receive a compensation for their services and attendance,
not exceeding two dollars a day, to be ascertained by the levy
court of the county to which the said plot or certificate shall be
returned, which, together with all charges arising from the sur-
vey or attendance of witness, shall be levied, collected and
paid, as herein before directed.
10. And be it enacted, That in order to prevent expense to the
county from the unnecessary attendance of witnesses, it shall be
the duty of the several county courts, upon the petition being
filed as aforesaid, to assign and set apart some certain day during
the term for charging the grand jury to make inquisition as afore-
said, to which day all subpoenas to testify to the grand jury in and
respecting the said petition, shall be returned, and the said coun-
ty courts are hereby vested with all and singular the powers to
enforce the attendance of the witnesses in the same manner that
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