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Power to assess Costs.
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CXXV. And be it enacted, That in case the said Commissioners shall, upon the Hearing and Determination of any Claim or Objection to be delivered to or made before them in pursuance of this Act, so think proper, it shall be lawful for them to award and order such Costs and Charges as they shall think reasonable to be paid to the Party in whose Favour any such Determination shall have been made by the other Party; and in case the Person who shall be liable to pay such Costs or Charges shall neglect or refuse to pay the same, on Demand, then and in every such Case it shall be lawful for the said Commissioners, and they are hereby authorized and required, by Warrant under their Hands and Seals, directed to any Person whomsoever, to cause such Costs and Charges to be levied by Distress and Sale of the Goods and Chattels of the Person so neglecting or refusing to pay the same, rendering the Overplus (if any), on Demand, to the Person whose Goods and Chattels shall have been so distrained and sold, after deducting thereout the Costs and Charges attendant on such Distress and Sale: Provided always, that in case the said Person against whom the Commissioners shall have determined shall cause an Action to be brought, pursuant to this Act, and proceed to Trial, the Execution of the Warrant aforesaid shall be suspended until after the Trial of such Action; and in case such Person shall upon the Trial of such Action establish the Right against which the Commissioners shall have determined, such Person shall not be liable to the Payment of any such Costs as last aforesaid, but shall be entitled to his Costs of such Action.
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