Litchfield enquirer., 1854-09-21


 order such Jury 10 cons ist of six able and dis interested electors 10 be drawn from the jury boxes of such tow ms in the County where the application is made, as the Court shall di- rect and such Jury shall be summoned and attended ty the sheriff of sad County, per sonaliy, or if he is in crested or otherwise Incapacitated, by such daputy sheriff in the County as the Court shall direct, and stall be legally sworn, certificate of which shall be annexed to their report, and the powers of such Jury shall be confined 10 the re-assess- ment of damages only, and such Jary shall make report of thelr doings, ir writing, by the officer who shall have them in charge, 10 the sessions of the Court, during which their appointment IS made, or to the next session thereof. It it shall appear to the sheriff or such deputy after he has drawn the jurors as aforesaid, that any of them are connected wit3 any of !he parties to such proceedings, by blood or marriage, in such manner as would by law prevent Judge from acting between the parties, such sheriff or deputy shall release such juror, and return his name to the box whence drawn, and draw and summon an other juror who is not interested or connected as aforesaid, to supply the place of such Juror
 SEC l2. The Court to which the doings of said Jury are returned, may set the same aside It, upon exception taken, it shall appear to said Court that said Jury have been improp- erly summoned, or have conducted improper Iy, otherwise the doings of saic Jury shall be conclusive as to the assessment Of damages and If the Court shall set aside the report of the Jury, they shall order another Jury to re- assess the da ',ages in manner aforesaid.
 SEC. 13. If the Jury shall not increase the damage allowed by the Commissioners, then, in case the application for the Jurywas on the part of the petitioner, the costs of the applica- tion and hearing shall be paid by the petition. CT; but if the Jury shall increase the damagc on the application af the petitioner, then ihe costs of the application and hearing shall be taxed against the respondent. In Case the Jury shall not diminish the damag ges found by the Commissioners, if the application for a Jury be made or the part of the respondent, the cost of the application and hearing shall be paid by the respondent but if the Jury shall diminish the damages on the application of the respondent, then the costs of the app. cation and hearng shall be taxed against the petitioners, s .
 SEC. 14. The person who shall be entitled 10 receive the sum or sums found as damages shall have a lien therefor as we'll as for the costs of the petitioner, from the tune of the service of the petition on the mill and mill dam, with their appurenances, and the land pnder and adjoining the same and used there. with, provided said lien shall not extend to any damage acctuing more than three years before the service of the petition and the ex caution issued on such judgment, if not other wise sat shed, may, al ihe expiration of thirty days from the day of judgment be levied on the premises Sd subject to the lien, and the officer may thereupon proceed to sell the same or so much thereof as shall be necessary 10 satis'y said execution and his lawful costs and charges and he shall sel and dispose of lhe same in manner and form as IS provided in the sale of personal estate taken on execution; and shall execute proper conveyances of the same and cause his do,ngs 10 be recorded in the re. cords of lands m the town where the real cs- tate sold shall lie, as is provided when lands are set off on execution and such sale shall be valid against all persons claiming the pre- mnses by any ,iilc that shall have accrued within the time covered by the lien, and after tl'e passage of this Act. And il satisfaction of the damages and costs are not obtained, and cannot by the officer having the execution in charge be obtaihed on the same, said coun- ty court may, on application, order the dam in regard to which the petition was had, to be aba.ed and destroyed, and all persons cnga. sed in tae erecli ion of the same shall be liable therefor in damages as at common law.
 SEC. 15. Any person entitled 10 the premi ses sold as aforesaid, may redeem the same at any time within one year after the sale, upon paying the purchaser or the person holding under him, the sum paid therefor, with inter. est thereon al the rate of twelve per ct. year.
 SEC. 16. In every petition as aforesaid, the respondent may bring into court and there tender any sum he may think proper, to be paid to the petitioner for the damage sustain. ed up to the time of the service of the petition and also for the damage that may thereafter be occasioned by the dam in question and if the petitioner shall not accept the same with costs, but shall proceed with the suit 10 re. cover greater damages or compensation than SO offered, he shall be entitled 10 his costs up 10 the time of such tender, and the respondent shall recover his costs afterwards, unless the petitioner shall recover greater damages than was so offered and fl he petitioner shall consent to accept the amount so offered for damages, he shall have judgment accordingly and also for his costs of suit; and the judg. ment shall have the same effect as if tt had been rendered upon proceedings had by the court in manner and form as above provided or the petitioner may accept the sum rendered
  ages and proceed to trial on the residue of said petition under the same lia bility as to cosls as aforesaid.
 SEC l7. Ifupon any petition as aforesaid, the judgment shall be, that ihe petitioner IS not entitled 10 any compensation, the judg- ment thereon shall be no bar 10 new com plant or petition, for damages alleged to have arisen after ,he forme, judgment and for com pensation for damages that may he thereafter sustained.
 SEC. IS. The fees ofthe County Court com missioners. sheriff and jurors shall be he same as are allowed to like officers for similar ser vices for laying our highways.
 SEC. 19. No petition as aforesaid shal; be abatGd by reason ofdeath of any party there- to, hut ihe same may be prescott cd or deien. ded by surviving petitioner or respondents, or the executors or administrators of the cecea sed and h any such petition shall be ahated