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124 MISCELLANEOUS. • 1S-16-4T
being m;i.^e iipoD any lands as aforesaid, for the purposes a.
foresaid m tliis act, the person so aiUliorisea to luake the
yrocecding ®^""^V" ^^^ ^" ^'^^^^^ "^^^ provided for in this act, may be [?]
so pay dam tender ta the party injured a reasonable compensation for any
*^'^'
injury or dcvnjn^e done to or upon lands so entered upon;
:uid if the partes cannor agree as lo the amount of darpages^
Ihen. cither rwirty may call upon any jastice of the peace in
the county in which said lani lies, who slialt summons
ihrec dishiierested freeholders of the connty, who being- dn-ly
sworn by some justice, or other person authorised lo ad-jninisteran
oaih^ todo justice between the parties, shall pro-ceed
to hear the testimony, or opoa their own view of the
)ands, UfX)n tl>e matters in disptile; and they, or a majority
of them, s.hall assess the damages sustained by tlie owner or
possessor of the lands so entered upon; and in the event af
either party being dissatisfied with the assessment made by
said freeholders, !he party so dissatisfied, may pray an appeal
lo the next county court of the county in which the land s©
entered ii;;> lies; and in the event of such an appeal, the said
freeholders shall niake a return of their proceedings ia the
matter in writinaf, to the said court, whicli shall be consider-ed
and iicted upon by the said cou,rt as an appeal from a jus-ticeof
thepeiicein civil cases, is n^w considered and acted
upon, and be left to a jury in like manner as such apptjals are
and the sanne costs shall be taxed as in such appeals.
Sec. 3. Be it further cnaciedj That no decision of the
Kotics re-q^esjioj^i of damages shall be made by said freeholders until
It IS made to appear to then) that the parlies interested have
had five davs notice of the time and place at which, and
when they will sit to hear the matter in dispute, and that
they shall be allowed the sum of two dollars each for adju-dicating
the matter,
Sec. 4. Beitjurtheraiacied, That upon the fna? decis-ion
of the dispute as to damages, if tjje party who .^oeks to
f)jco*ig. recover damages for injury done to or upon his lands, does
not recover a larger sum than the party making entry on ihe
lands has or may offer before the trial, as a compensation for
such damages^ then he shall bcliable for all the coits incur-
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| Title | Page 130 |
| Full Text | 124 MISCELLANEOUS. • 1S-16-4T being m;i.^e iipoD any lands as aforesaid, for the purposes a. foresaid m tliis act, the person so aiUliorisea to luake the yrocecding ®^""^V" ^^^ ^" ^'^^^^^ "^^^ provided for in this act, may be [?] so pay dam tender ta the party injured a reasonable compensation for any *^'^' injury or dcvnjn^e done to or upon lands so entered upon; :uid if the partes cannor agree as lo the amount of darpages^ Ihen. cither rwirty may call upon any jastice of the peace in the county in which said lani lies, who slialt summons ihrec dishiierested freeholders of the connty, who being- dn-ly sworn by some justice, or other person authorised lo ad-jninisteran oaih^ todo justice between the parties, shall pro-ceed to hear the testimony, or opoa their own view of the )ands, UfX)n tl>e matters in disptile; and they, or a majority of them, s.hall assess the damages sustained by tlie owner or possessor of the lands so entered upon; and in the event af either party being dissatisfied with the assessment made by said freeholders, !he party so dissatisfied, may pray an appeal lo the next county court of the county in which the land s© entered ii;;> lies; and in the event of such an appeal, the said freeholders shall niake a return of their proceedings ia the matter in writinaf, to the said court, whicli shall be consider-ed and iicted upon by the said cou,rt as an appeal from a jus-ticeof thepeiicein civil cases, is n^w considered and acted upon, and be left to a jury in like manner as such apptjals are and the sanne costs shall be taxed as in such appeals. Sec. 3. Be it further cnaciedj That no decision of the Kotics re-q^esjioj^i of damages shall be made by said freeholders until It IS made to appear to then) that the parlies interested have had five davs notice of the time and place at which, and when they will sit to hear the matter in dispute, and that they shall be allowed the sum of two dollars each for adju-dicating the matter, Sec. 4. Beitjurtheraiacied, That upon the fna? decis-ion of the dispute as to damages, if tjje party who .^oeks to f)jco*ig. recover damages for injury done to or upon his lands, does not recover a larger sum than the party making entry on ihe lands has or may offer before the trial, as a compensation for such damages^ then he shall bcliable for all the coits incur- |
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