Acts. 255

of the said County for the time being to be and Appear
before the said Commissioners att a day and place therein to
be prefixed the service whereof in such manner and forme as
is Usually Allowed to be good Service in Cases of Subpenas

C. P.

shall be Accounted to be a good Service in the Cases afd and
that upon Appearance or Default of any person or persons
Interested in any manner as afd upon Oath thereof made
before the said Commissioners they shall and may Notwith-
standing proceed to the Determination of such Controversy
saving always that when any person or persons soe to be
Sumoned shall be beyond the seas or Cannot be found to be
Sumoned that no proceedings shall be thereupon had untill
after Eighteen months then next following and then Oath
being then made of Endeavouring to serve the said Sumons
the said Commissioners shall And may proceed as if the said
party had been Actually Summoned unless the said person or
persons soe absent upon a new Sumons after his or their
returne or being found shall sooner Appear.
And be itt further Enacted by the Authority afd that if the
Surveyor of the County afd shall willfully forbear or Delay to
be and Appear According to the Tennor of the same Sumons
such Surveyor so willfully refuseing or Delaying shall fforfeit
for every such offence five hundred pounds of Tob^o to the
Kings Majesty his heirs and Successors for Support of Gov-
ernment to be recovered in Any Court of Record by Action
of Debt bill plaint or Information wherein no Essoyne pro-
tection or wager of Law to be Allowed.
And if Any witness soe Sumoned shall Neglect to Appear

p. 66

att the time and place Notifyed or shall when appearing
refuse to give his or their Evidence itt shall be Lawfull for the
said Commissioners to Issue Attachment Against him her or
them to Cause him to Come or Committ such Witnesses for
such their Obstinacy till they give their Evidence as the Case
may require and for the better Discovery of the true bounds
of the Lands in Dispute the Commissioners or any three of
them as afd being upon the Land may Cause the said Lands
and alsoe any other Adjacent Lands for their better Informa-
tion to be Surveyed and having Duly and Impartially Con-
sidered as well the proofs and Allegations of both parties as
all other Circumstances nearest Concurring with the true
Intent Designe and Meaning of the Originall Surveys shall
then and there determine and Ascertaine the Limitts and
bounds of the said Lands in Dispute as they or the Major
part of them then and there present shall adjudge most Just
and reasonable and Cause the same Lands in their presence
to be new markt out with such marks and bounds as to them
shall be Adjudged most plaine and Dureable and Cause three

p. 67