{Id.  %  25.)


PLANK   ROADS   AND   TURNPIKES.  521

New  trial  may  he  applied  for. — Any  party  inter-
ested in  any  such  verdict  may,  within  twenty  days
after  being  notified  of  the  rendition  thereof,  apply  to
the  Supreme  Court  for  a  new  trial,  and  it  may  be
granted  upon  such  terms  as  to  the  costs  of  the  appli-
cation and  of  the  first  trial,  as  that  court  shall  deem
reasonable.  If  a  new  trial  shall  be  granted,  a  jury
shall  be  drawn  therefor,  and  the  same  proceedings
shall  be  had  as  are  hereinbefore  provided.  (Laws
1847,  chap.  210,  §  27.)

Money  when  to  he  ^az'^^.— Within  forty  days  after
the  rendition  of  any  such  verdict,  if  a  new  trial  shall
not  be  applied  for,  the  company  shall  pay  to  the  per-
son entitled  to  receive  the  same,  the  amount  thereof,
or  shall  make  a  legal  tender  thereof  to  him,  if  he  shall
refuse  to  receive  the  same ;  and  the  company  may
thereupon  enter  upon  the  lands  in  respect  to  which
such  verdict  was  rendered,  and  take  and  hold  the  same
to  it  and  its  assigns,  so  long  as  it  shall  be  used  for  the
purposes  of  such  a  road  as  such  company  was  formed
to  construct.     {Id.  §  28.)

Provision  in  case  of  non-resident. — If  any  person
entitled  to  receive  the  amount  of  any  such  verdict  be
not  a  resident  of  this  State,  or  cannot  be  found  therein
after  diligent  search,  the  company  may  furnish  to  the
said  judge  satisfactory  proof,  by  affidavit,  of  such  fact,
and  he  shall  thereupon  make  an  order  that  the  amount
of  such  verdict  be  paid  to  the  treasurer  of  the  county
in  which  the  lands  lie,  in  respect  to  which  such  verdict
was  found,  for  the  use  of  such  owner,  and  that  notice
of  such  payment  shall  be  given  by  publishing  the
same  once  in  each  week,  for  six  successive  weeks,  in  a
newspaper  published  in  the  county.     On  satisfactory


622  THE  LAW   OF  HIGHWAYS.
