|
|
Allowing Parties to try their Rights by an Issue at Law.
If no Action, the Commissioners Determination to be final.
Death of Parties not to stop Proceedings at Law.
Suits not to delay the Drainage.
|
CXXVI. Provided always, and be it enacted, That in case any Person interested or claiming to be interested in any Land to be included in any Drainage or Improvement to be effected in pursuance of this Act shall be dissatisfied with any Determination of the said Commissioners concerning any Right or Interest in, over, or upon such Land, or any Part thereof, made in the Execution of this Act, or any Injury or Damage sustained by him by reason of any thing done by the said Commissioners, or by their Authority, or in the Prosecution of any of the said Works, it shall be lawful for the Person so dissatisfied to cause an Action to be brought upon a feigned Issue against the Person in whose Favour any such Determination has been made, within Three Calendar Months after the Determination of the said Commissioners shall have been notified in Writing to the Party against whom such Determination shall be made, or to his Attorney, or against any Person by whom any such Injury or Damage may have been caused, within Three Months after such Injury or Damage shall have been sustained, and thereupon the Person so dissatisfied shall proceed to a Trial at Law at the next Assizes immediately following to be held for the County where the Land in respect to which such Dispute may arise shall be situated; and after such Action shall have been commenced the Defendant in such Action shall and he is hereby required to name an Attorney, who shall appear thereto, and accept of an Issue or Issues whereby such Right or Interest insisted on may be tried and determined (such Issue or Issues to be settled by the proper Officer of the Court in which such Action shall be commenced, in case the Parties shall differ about the same); and the Verdict which shall be given in such Action shall be final, binding, and conclusive upon all Persons whomsoever, unless the Court wherein such Action shall be brought shall set aside such Verdict, and order a new Trial to be had thereon, which it shall be lawful for the Court to do; and that after such Verdict shall be obtained, and not set aside by the Court, the said Commissioners shall and they are hereby required to act in conformity thereto, and to allow or disallow the Claim thereby determined, according to the Event of such Trial: Provided always, that it shall and may be lawful for the Assistant Barrister of the County in which such Parties, or either of them, reside, with the Assent of such Parties, to be signified by any Agreement in Writing under their Hands, to try and finally determine such Matters in difference between them on a Civil Bill to be preferred before him by either of said Parties; provided also, that if no such Action at Law be commenced or no Civil Bill be brought within Three Calendar Months as aforesaid, or if any such Action shall be commenced, and the Plaintiff therein shall not proceed to Trial within the Time herein-before limited for that Purpose, then the Determination of the said Commissioners shall be binding and conclusive to all Intents and Purposes whatsoever; provided also, that if any of the Parties in any such Action to be brought as aforesaid shall die pending the same, such Action shall not abate by reason thereof, but may be proceeded in as if no such Death had happened: Provided also, that no Difference or Suit touching the Matters aforesaid shall impede or delay the said Commissioners in the Execution of the Powers vested in them by this Act, but the Drainage or Improvement hereby authorized to be made, and all other Matters and Things to be done in pursuance of this Act, shall be proceeded in notwithstanding such Differences or Suits.
|
