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Proceedings before the Assistant Barrister.
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XXXVI. And be it enacted, That the Assistant Barrister at such First or Second Quarter Sessions, or any Adjournment thereof, upon Proof of such Notice as aforesaid, and of the entering into such Recognizance, shall hear and determine the Matter of such Appeal, and make such written Order thereon as to him shall seem fit; and such Assistant Barrister may order the Costs of any such Appeal to be paid, wholly or in part, by the said Commissioners or the Party appealing, and if same shall be ordered to be paid by the Party appealing, such Assistant Barrister may, by a Warrant under his Hand, direct same to be levied by a Distress and Sale of his Goods and Chattels: Provided always, that nothing herein contained shall be construed to authorize or empower any Assistant Barrister to make any Order directing that the general Execution of the proposed Works shall not be proceeded with, unless it shall appear before him that the Proprietors as aforesaid of Two Thirds in Extent of such Lands have not assented as herein-before required, or to make any Order affecting the peculiar mode of Construction of any of the Works which shall have been approved of by the said Commissioners, or to make any Order affecting the Costs of carrying the said proposed Works into execution: Provided also, that in all Cases of Appeal respecting Mills or Factories only, if the said Commissioners or the Appellant shall be dissatisfied with the Decision of the Assistant Barrister, it shall be lawful for such Commissioners or Appellant, within One Month after such Decision, to apply, by Petition, in a summary Way, to the Court Chancery or Exchequer, by way of Appeal against such Decision, and such Court may direct the Notes of the Evidence taken on such Hearing to be furnished by such Assistant Barrister, and shall make such Order thereupon whether for a Re-hearing before such Assistant Barrister or otherwise, as shall appear just: Provided also, that the Proceedings on such Petition shall not, in case the Decision of such Assistant Barrister shall be in Affirmance of such Declaration, stay the Prosecution of such Works, but the Commissioners may proceed with the same, subject to such Order of such Court respecting the Prosecution, Modification, or Stoppage of such Works or respecting such Mill or Factory, or for Compensation to the Party interested therein, or otherwise, as the Court may deem just; and such Order shall be binding and conclusive on all Persons whomsoever.
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