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Compensation to be ascertained by civil bill action.
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33. Where such parties shall not agree upon the amount of compensation to be paid for the injury sustained by the entry on or use of lands for the purpose of mining in manner aforesaid, it shall be lawful for the party claiming such compensation to bring a civil bill action for the amount claimed before the chairman of the county in which the lands or the greater part of them are situate; and the chairman shall, with the assistance of a jury on their oaths as aforesaid, make such decree or dismiss thereon, and subject to the like appeal as in ordinary cases of civil bill actions for injuries sustained.
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