40 Assembly Proceedings, October 11-27, 1720.

U. H. J.

but have Excluded All others from Priviledge of a Review
Altho phaps they may be as much Injured by Judgm^ts formerly
given as those are who have Already Petitioned whose Sub-
missiveness to the Law ought not to Turn to their pjudice and
that the Clause in the same Sheet w^ch Assigns the Com^rs and
Other Officers their Fees is ambiguously Exprest w^ch ought to
be Explain'd by these words or such Like (to the Com^rs and
other Officers upon the first View) in the same sheet the Land
Com^rs are made liable to a fine of five hundred pounds of tob^o
for w^ch they may be Prosecuted in the Provinciall Court,
This we think unreasonable that they should be Exposed to so
great trouble and Charge for so small a fine And Tppose that
it be made Cognizable in the County Courts only.
In the Second Sheet where Provision is made to Supply the
want of any Com^rs of the first View or the Review who are

p. 67

not Qualified to Act in Particular Cases by the Choice of New
ones The Decision of such Com^rs of the first View as well as
of the Review is made finall w^ch we take to be Contrary to the
Intention of the Law

And we further think it necessary that pvision should be
made that in Case of Sickness, Difference of Opinion, or any
other Accident any two of the three Com^rs of Review may have
Power to Receive Appeals and give Judgm^t thereon &c. And
likewise that Provision be made how the Disputable bounds
of Land w^ch lye partly in two Countys shall be Determined
And that for the further Complyance w^th his L^dps Instruccons
Appeals be Allowed from the Judgm^t of the Com^rs of Review
to England in such Cases and In such manner as the Laws of
Great Brittain & the pvince Admitts of
We likewise Observe that great Inconveniencies may Arise
from that Parragraph in this Bill w^ch pvides for the relief of
those psons under Ex^rs for Costs Awarded by the Com^rs of the
first View who upon their having a right to Appeale are to
be Discharged from the Sherriffs Custody and Cannot be
taken again until such time as that Appeale is Determined so
that they may forever Avoid paying such Cost for tho they
have a right to Appeale they are not obliged to do it & besides

p. 68

we think it Reasonable that before they are so Discharged they
should give Security for the payment of such Cost and Dam-
ages by Occasion of the delay if the first Judgm^t should be
Affirm'd otherwise they becomeing Insolvent or Absenting
themselves the Partie in whose fav^r the Judgm^t was given may
Loose his Cost but we are of Oppinion that this Paragraph
might be wholly Omitted Provision being made to Impower
the Com^rs of Appeale to Adjudge all former Costs and Dam-
ages upon Reversing such Judgments