mortgage; and the said justice of the supreme court shall, on application of either party, and on reasonable notice to the others, tax and allow such coats, fees, and expenses to the justices of the Supreme court, commissioners, clerks, and other persons performing any of the duties prescribed in this section, as he or they shall think equitable and right, which costs shall be paid by the said company.
12. And be it enacted, That in case the said company, or the owner or owners of the said lands or materials, shall be dissatisfied with the report of the commissioners named in the preceding section, and shall apply to the justices of the supreme court, at the next term after the filing of the said report, the said court shall have power, on good cause shown, to set the same aside, and thereupon to direct a proper issue for the trial of the said matter in controversy to be formed between the said parties, and to order a jury to be struck, and a view of the premises or materials in question to be had, and the said issue to be tried at the next circuit court to be holden in the county where said lands or materials, or any part thereof, maybe, in the same manner as other issues in fact are tried in the said court, upon twenty days' notice of trial and six days' notice of the view being given by either party to the other; and, upon such trial, it shall be the duty of the said jury to assess the value of the said lands or materials, and damages sustained by reason of the taking thereof, as aforesaid; and if they shall find a greater sum than the said commissioners have awarded in favor of the said owner or owners, then judgment thereon, with costs, shall be entered against the said company, and execution be awarded therefor; but if the said jury shall be applied for by the said owner or owners, and shall find the same, or a less sum than the said commissioners shall have awarded, then costs shall be paid by the said applicant or applicants, and deducted out of the said sum so found by the jury, or execution awarded therefor, as the court shall direct; provided, that such application for an issue shall not prevent the said company from taking and using the said lands and materials, upon the filing of the said report, and tender or payment of the sum awarded by the commissioners.
13. And be it enacted, That in case any owner or owners of such land or real estate shall be feme covert, under age, non compos, out of the slate, or under any other legal disability which would prevent their agreement with the said company, then it shall be the duty of the said corporation to pay the amount of any award or report, so made in behalf of any such persons, or the amount found by a jury, into the court of chancery, or to the clerk thereof, subject to the order of the said court, for the use of said owners; all which proceedings, as well under this, as the last section of this act, shall be at the proper costs and charges of the said corporation, except in cases of appeal above provided for; and the said justice shall and may direct the amount of cost and charges of such valuation, appraisement, and witness' fees.
14. And be it enacted, That the said company may erect gates and turnpikes across the said road, whenever three miles of the said road is completed, and demand and receive toll for each mile of the said road so made, not exceeding the following rates, to wit:
For every carriage, sleigh, or sled, drawn by one beast, two cents.
For every additional beast, one cent.
For every horse and rider, or led horse or mule, one cent.
