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which the said road is proposed to be opened, straightened or shut
up, authorising and requiring the said commissioners, or any two
of them, to meet on the premises, and examine and determine whe-
ther the public convenience requires that the said road should be
opened, straightened or shut up; and if in the judgment of the said
commissioners the public convenience does require the said road to
be opened, straightened or shut up, the said commissioners, or a
majority of them, shall, in case the application shall be for opening
or straightening a road, proceed to locate the same, in such man-
ner as will in their judgment best promote the public convenience,
land they shall cause a plot of the same, and also of the old road,
where the application shall be to straighten or shut up a road, to
be made out, and shall return the same, together with a full re-
port of their proceedings, tinder their hands, to the county court
from which the commission issued, and of the reasons on which
their opinion is founded; and if the said commissioners shall be of
opinion that the said road ought not to be opened, or straightened,
or shut up, they shall report their opinion to the county court afore-
said, together with the reasons on which the same is founded.
2. And be it enacted, That the said commissioners, before they
proceed to act as such, shall take an oath or affirmation, as the
case may be, to execute the trust reposed in them by the commis-
sion to them issued, faithfully and without favour, affection or par-
tiality.
3. And be it enacted, That the commissioners, or a majority of
them, before they proceed to locate any road proposed to be opened,
straightened or shut up, shall give at least fifteen days notice to all
the. parties concerned, and the return of the commissioners setting
forth that they have taken the oath and given the notice required
by this law, or any words to that effect, shall be prima facie evi-
dence that the same was done.
4. And be it enacted, That it shall not be lawful for any road
opened or straightened in virtue of this act, to pass through the
buildings, yards, gardens or orchards, of any person or persons,
without the. consent of the owner or owners thereof.
5. And be it enacted, That if no objection shall be made, to the
return of the commissioners within the four first days, of the term
next succeeding the term at which the said return shall be made,
the court may proceed to pass judgment thereon, and affirm or reject
the same, or order it to be amended, in the discretion of the court,
or may in their discretion continue over the proceedings to the next
term, and so from term to term, so long as the court shall in their
judgment think such continuance necessary for the purpose of jus-
tice.
6. And be it enacted,That if any person or persons shall conceive
him or themselves aggrieved by the decision of the commissioners,
or of a majority of them, it shall and may be lawful for such person
or persons to file, in writing, their objections to the return of the
commissioners, at any time before the same shall be finally ratified
by the court, and the court shall thereupon proceed to hear testi-
mony, if any shall be offered, and affirm or reject the said return,
or order it to be amended, as to the court shall seem right, and
may also continue the proceedings as is provided in the fifth section
of this law; Provided always, that either party shall on motion to
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CHAP. 89.
Commissioners to
take an oath.
Before they pro-
ceed to locate road
to give notice, &c.
No road to pass
through buildings,
&c, without con-
sent of owner.
If no objection
shall be made to
return of commis-
sioners court may
proceed to pass
judgment, &c.
Persons aggrieved
to file their objec-
tions.
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