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When presentment is opposed or application disallowed, a jury may be sworn to try the matter.
Their verdict to be final.
Costs.
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138. All such applications whatsoever for compensation for loss or damage sustained by malicious injury shall be laid by the acting clerk of the crown before the judge of assize upon his arrival; and in case any person paying grand jury cess for the county or barony chargeable with the sum presented by the grand jury upon any such application shall be desirous of opposing any such presentment, or in case any person whose application for compensation shall have been disallowed by the grand jury shall wish to have his or their application re-considered, such cess payer or person or persons applying for compensation shall be heard; and in either of such cases the judge, if he shall so think fit, shall direct a jury to be forthwith impannelled to try the matter of such presentment or application respectively, and, according as the issue shall be found for or against such cess payer, the judge shall discharge, alter, or fiat such presentment; and in case of application disallowed, if the issue shall be found for the person or persons applying for compensation, the judge shall direct the grand jury to make presentment thereupon accordingly, otherwise such application shall be discharged; and all verdicts of juries impannelled as aforesaid to try any such issues shall be final and conclusive to all persons whatsoever; and it shall be lawful for the said judge to award by rule for that purpose costs to the parties for whom the issue shall be found against the other party or parties respectively in any sum not exceeding ten pounds sterling; and the said judge is hereby empowered to direct and issue forthwith an order or orders in the nature of execution against such last-mentioned party or parties respectively, which said order or orders the sheriff of such county is hereby required to execute in the same manner as in cases of executions against the chattels and effects of defendants.
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