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When presentment is opposed or application disallowed jury may be sworn by Court of Queen’s Bench to try the matter;
and presentment discharged, altered, or fiated acordingly.
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125. 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 judges of the Court of Queen’s Bench on the first day of the next presenting term; and in case any person paying grand jury cess for the said county, or any 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 judges, if they shall so think fit, shall direct a jury to be forthwith impannelled to try the matter of such presentment or application respectively at nisi prius, and according as the issue shall be found for or against such cess-payer the judges 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 judges of the said court shall direct the grand jury for the time being 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 judges 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 judges are hereby empowered to direct and issue forthwith an order or orders in the nature of an 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 execution against the chattels and effects of defendants.
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