Acts. 457

And in Case the Owner or Owners of the said Land shall neglect to
appear, or wilfully refuse to make Sale of the same, or through
Nonage, Coverture, Non Sanae Memoriae, or any other Disability or
Impediment whatsoever, be or are disabled to make such Sale as
aforesaid, that then the Commissioners aforesaid, or the major Part
of them, shall, and are (by Virtue of this Act) impowered and re-
quired to issue their Warrant, under their Hands and Seals, to the
Sheriff of the said County, requiring him to impannel and return a
Jury of the most substantial Free-holders, Inhabitants within the
said County, to be and appear before the said Commissioners, at a
certain Day and Place by them to be appointed; which Jury, upon
their Oath, by the said Commissioners, or the major Part of them,
to be administred, shall enquire, assess, and return, what Damages

Session
Laws

and Recompence they shall think fit to be awarded to the Owner or
Owners of the said Sixty Acres of Land, and all Persons therein
concern'd, according to their several and respective Interests.
And be it further Enacted, by the Authority aforesaid, by and
with the Advice and Consent aforesaid, That the Commissioners
aforesaid, or the major Part of them, on purchasing the Land afore-
said, from the Owner or Owners thereof, or in case of Neglect,
Refusal, or Disability, of such Owner or Owners as aforesaid, on
making Inquisition by a Jury as is before directed, shall cause the
Surveyor of the County aforesaid, for the Time being, to lay out
One Acre of the said Sixty Acres, for a Market- Place; and the re-
maining Fifty Nine Acres, to divide into One Hundred equal Lots,
allowing convenient Streets, Lanes, and Alleys, to be first survey'd
and stak'd out: And the Lots aforesaid, shall be likewise distin-
guished by some Posts or Stakes, towards the Streets, Lanes, and
Alleys, mark'd N^o i. 2. 3. and so on to 100. Out of which Lots the
Owner of said Land, shall have Liberty to chuse any Two of said
Lots; provided he make such. Choice within Fifteen Days after such
Town shall be so laid out. And after such Choice, the remaining
Lots may be taken up by any Person or Persons, inhabiting within
the County aforesaid; provided such Person or Persons, shall not be
allowed to take up more than One Lot, during the first Four Months
after laying out the same. And in case the Inhabitants aforesaid,
shall not take up the said Lots within the Time aforesaid, that then
any Person or Persons whatsoever, shall and may have free Liberty
to take up the same.
And be it further Enacted, That the Damage and Recompence
which the Jurors aforesaid shall assess, or the Sum which the Com-
missioners shall agree for, shall be paid to the Owner or Owners of
the said Land, by such Person or Persons as shall take up the said
Lots, proportionably to his or their Lot or Lots.
And be it further Enacted, That every Person who shall take up
any of the Lots aforesaid, shall be obliged to build thereon, within

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