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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 98   View pdf image (33K)   << PREVIOUS  NEXT >>
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98 Assembly Proceedings, October 11-27, 1720.

L. H. J.

Read with the Amendments proposed and past for Engrossing
And was sent to the Comittee of Laws to be Engrost.
Collo Ward & Thomas Bordley Esqr from the Upper House
Deliver Mr Speaker the Supplementary Bill to the Act Ascer-

p. 43

taining the bounds of Land with the following Message Viz :

By the Upper House of Assembly October the 25th 1720

Gentlemen Upon Reading & Considering the Supple-
mentary Act to the Act for Ascertaining the bounds of Land
in this Province prepared by your House and sent us by Mr
Lee and Six Others of Your House, we are of opinion that
there are Several Omissions and Imperfections in that Bill
which ought to be Supply'd which are as followeth.
In the first Sheet We observe you have Invested the Comis-
sioners of Review with a power of hearing and Determining
all Appeals to them made, upon any Judgement hereafter to
be given by the Comissioners of the first View and Likewise
to review and reverse or Affirm any Judgment heretofore
Given by the Commrs of the first View against wch Petitions
have been preferred to this Assembly but have Excluded all
others from the previledge of a review Altho' pimps They
may be as much Injured by Judgments formerly given as those
who have Already Petitioned whose Submissiveness to the
Law ought not to Turn to their Prejudice.
And that the Clause in the same Sheet wch Assignes to Com-
misioners & other Officers their ffees is Ambiguously Exprest
wch ought to be Explained by these words or such like (to the
Commrs and other Officers upon the first View) In the same
Sheet the Land Commissioners are made Liable to a Fine of
Five hundred pounds of Tobacco for wch they may be prose-
cuted in the Provincial Court. This we think unreasonable
that they should be Exposed to so great Trouble and Charge
for so small a fine and propose, that it may be made Cognizable
in the County Courts only.
In the Second Sheet, where Provision is made to Supply
the want of any Commrs of the first View or the Review, who
are not Qualified to Act in particular Cases by the Choice of
new ones, the Decision of such Comissioners of the first View
as well as of the Review is made ffinal which we take to be
Contrary to the Intention of the Law. And we further think
it necessary that Provision should be made, that in Case of
Sickness Difference of Opinions, or any other Accident any
two of the Three Comrs of Review may have power to receive

p. 44

Appeales and Give Judgment thereon &c. And Likewise that
provision be made how the Disputable Bounds of Lands which
Lye partly in two Counties shal be Determined.



 
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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 98   View pdf image (33K)   << PREVIOUS  NEXT >>


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