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Sheriff on precept shall return 24 freeholders,
due notice of time and place,
justices, shall certify the finding into B. R.
Like process as in judgment on inquiry of damages.
Six of the jury shall view the places.
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V. And be it further enacted by the authority aforesaid, That in case the said parties do not agree among themselves, then and in every such case any two neighbouring justices of the peace for such county are hereby impowered, authorized, and required, to issue a precept in writing under their hands and seals, requiring the sheriff of such county to return four and twenty freeholders at the least at such time and place, as shall in such precept be appointed, due notice of which time and place shall always be given to both parties; out of which four and twenty freeholders so returned, twelve legal and indifferent men shall be sworn to try and ascertain the damages, and the allowance to be made for such damages; and that the said two justices do and shall certifie such finding or inquisition under their hands and seals into his Majesty’s court of King’s-bench, which shall be recorded in the said court, and the like process shall issue thereon, as in case of a judgment upon a writ of inquiry of damages: provided that, before the said twelve men so sworn shall make any return for the ascertaining of the said damages, six of them at least shall personally inspect and view the several places, where the said damages are alleged to be done.
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