Year: 1864

committee of their doings, any person interest

 ca therein may object to the acceptance of the

 same, for any irregularity or improper conduct

 and the court may for such cause set it aside

 and order re.-hearing but if the court accep

 and establish the same it shall be final and con

 clnslve in the matter, except upon the question :! or damages. And said court may set aside the

 report of the committee for any cause which to salo court may appear to be just and reasona- 'bie, and, if required, shall inquire for itself

 whether the erection of said dam is for the pub

 ic use or not, notwithstanding any finding of 1 the committee; ard if the court are of opinion that the erection of said dam is not for the pu bile use, the petition shall be dismissed. i SEC. 6. Either party may move for jury to re-assess the damages reported by the commit tee, and the court shall order the same to con- ,sist of the same number, and be drawn in the same manner, and the proceedings attending their action shall be conducted in the same manner, as when jury is sent out by such court to assess damages for highways and the said court shall add fifty per cent to the amount by the said jury assessed for the value of the land, as the measure of damages to be paid for flowing the land described in the petition. SEC. 7. Upon the return of the doing of such jury, and person interested therein may object to the acceptance of the same, and for any ire gularity or improper conduct the court may set it aside, and order rehearng; but if the court accept such return it shall be final in the mat ter of damages.

 |. SEC, g. If the petitioner shall move for jury he shall pay the costs of the application and hearing, whether. the jury shall raise the dama- ges assessed by the committee or not; and if the jury shall not lessen such damages, he shall pay costs to the respondent, but if they do les sen the damages he shall pay no cost to the respondent. If the jury shall raise the damages the whole cost shall be taxed against the peti- tioners. and the court, on motion, may require bonds for costs to the adverse party from the petitioner, if the respondent shall move for a jury.

 SEC. g. The assessment of damages made as aforesaid shall be final and conclusive on the parties, their heirs and assigns and give the..pe- titioner, his heirs and assigns forever, the right to keep up such dam according to the manner established; prov;ded, the damage assessed, and costs, be paid to the respondent, before the water is flowed on to such lands, and within sixty days, after the proceedings on said peti- tion are entered; and if such damages and costs are not so paid or deposited, the whole pro- ceedings shall become void and of no binding force in the law.

 SEC. To- When any owner of any water-mill Heretofore, or which may hereafter be, erected, shall desire to raise his dam, he may do so in the same manner and subject to the same con- ditions as are above provided for erecting dams for flowing land

 SEc Il. The fees and expenses of the reti- tion shall be paid by the petitioners, except as is especially provided above, and shall be the same as ar taxed for like services in laying out highways, under the laws of the State and superior court.

 Approved, July 9th, 1864.