|
|
Traverses of presentments for damages by making of new road, &c. to be tried by a jury.
Presentment of sums found by jury.
|
134. It shall be lawful for any occupier or owner of the ground through which any new road is to be made, or into which any old road is to be widened, to traverse the presentment for the same for damages at such assizes as aforesaid, having given like notice to the chairman of the presentment sessions and to the secretary of the grand jury, previous to the commencement of such assizes, of the amount of damage intended to be claimed; which traverse or traverses shall be tried then or at the ensuing assizes, upon the entry in the crown book of the presentment and traverse, without making up any record; and the jury which shall try such traverse shall be sworn true verdict to give whether any and what damages will occur thereby to the traverser, taking into consideration any collateral advantages which may result or accrue to such traverser by reason thereof, and making abatement accordingly; and it shall be lawful for the grand jury to present, without previous application at presenting sessions, such sum or sums of money so found for damages, to be raised off the county or off the barony respectively in which the traverser shall have made it appear that he or she sustained the damages, and to such latter presentment no traverse shall be allowed or received; and upon the damages so found being presented for the use of such traverser, or deposited for his or their use with the treasurer of the county, it shall be lawful for the contractor to proceed in the execution of the presentment without the interruption of any person.
|
