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CHAP. 89.
Damages to be as-
certained.
Court to deter-
mine whether da-
mages shall be
paid by persons
petitioning, or le-
vied on county.
When court shall
determine any
road to be opened
or shut up, clerk
to transmit a copy
of judgment to le-
vy court.
Damages to be
paid before road is
opened.
In cases where
court adjudges a
road to be opened
levy to be made
for that purpose,
&c.
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the court, made before the bearing of testimony, be entitled to a
trial by jury, and the issue or issues shall be framed under the di-
rection of the court, so as to bring the matter in dispute between
the parties fairly to trial, whether the same shall relate to the lo-
cation of the road or the ascertainment of damages by the commis-
sioners.
7. And be it enacted, That the said commissioners, or a majority
of them, shall value and ascertain the damages that may be sus-
tained by each and even person through whose lands the said road
may pass, in case the application shall be for opening or straight-
ening a road, by opening or straightening the same, taking into
consideration the advantages and disadvantages of the same, if
any; and the said commissioners shall make such ascertainment of
damages a part of their return to the court, and the same, with the
rest of the proceedings, shall be subject to the ratification, rejec-
tion or alteration, of the court, in such manner as in their judg-
ment shall be just.
8. And be it enacted, That the county court, to whom the return
as aforesaid shall be made, shall determine whether the damages
by them adjudged as aforesaid, shall be paid by the persons peti-
tioning for the said road, or levied on the county, or may direct
the said damages to be paid by the petitioners and the county in
such proportion as the court may deem just.
9. And be it enacted, That whenever the county court shall ad-
judge and determine that any road shall be opened or shut up, it
shall be the duty of the clerk to transmit to the levy court of this
county a copy, under seal, of the judgment of the county court,
including the assessment of damages, and also a copy of the plot
returned.
10. And be it enacted, That in all cases of proceedings under
this act, the damages adjudged by the court shall be paid to the
respective parlies,'or their guardians, before the said road shall be
opened; and in case of the death of any of the parties concerned,
after the valuation made by the commissioners, or a majority of
them, as aforesaid, the damages finally adjudged to him, her or
them, by the court, shall be paid to his, her, or their executor or
administrator; Provided always, that the signing of any petition
presented to the county court under this act, shall not make any
petitioner liable for the payment of the damages adjudged by the
court, or any part thereof, but the court may in their discretion
give judgment against the petitioners for the costs incurred by any
person defending against the claim of the petitioners, where the
case shall be decided in favour of such defendant.
11. And be it enacted, That in all cases where the county court
shall have adjudged that a road be opened or straightened, it shall
be the duty of the levy court, at the levy next after the judgment
of the county court shall be given, to levy on the assessable pro-
perty of the county a sum of money sufficient to open or straight-
en the said road, as the case may be, and also sufficient to pay the
damages aforesaid, in case the county court shall have adjudged
that the said damages be paid by the county, or such proportion of
the said sums as the county court shall have adjudged to be paid
by such county, and it shall be the duty of the levy court to cause
said road to be opened or straightened as soon as, the same can be
conveniently done.
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