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Session
Laws
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cution of this Act, such Person or Persons, so sued, may plead the
General Issue, and upon any Issue Joyned, may give the special
Matter in Evidence. And if the Plaintiff shall discontinue his suit,
or Judgment pass against him, the Defendant or Defendants shall
Recover his or their double Costs for his or their Unjust Vexation.
Provided always, That in case the pretensions of any party grieved
shall be adjudged by the Major part of the Commissioners deter-
mining the Bounds, as aforesaid, to be of or to exceed the Value of
three Hundred Pounds Sterling, that then in all such Cases, such
party may have an Appeal from such Determination and Decree of
the Commissioners aforesaid, to the King's Majesty in Council, he
or they giving Security to prosecute such Appeal, with Effect, or
otherwise pay and satisfie all such Costs and Damages as shall or
may accrue to the other party for whom such Sentence has been
given by making such his Appeal as aforesaid,
Provided nevertheless, and it is hereby Enacted and Declared,
That the Party for whom such Sentence as aforesaid, shall be given,
shall not any ways be delayed by such Appeal to the King's Majesty,
as aforesaid, but Immediately put in possession of the Lands within
the Bounds so ascertained, as aforesaid; And also Provided, That
where any Bounds of Lands have been already settled and deter-
mined by any Law-suits, Arbitration, or otherwise, such Determina-
tion appearing on Record, the same so settled and determined shall
remain and continue Unalterable and no ways subject to any View
or Review of the Commissioners appointed by this Law, And that it
shall and may be lawful for the Provincial Court of this Province
to hear and determine all Actions of Trespass and Ejectments al-
ready depending before them. Provided always, That if any Per-
son concerned or interested in any of the Lands in dispute, as afore-
said, shall happen to live in any of the remote Counties of this Prov-
ince from the County where such Land in dispute lies, or be out of
the Province, or beyond sea, that then such party Complaining shall
make Publication, as before provided by this Act, three months, the
parties living in the remote Counties, and Twenty four Months, the
parties being out of the Province, or beyond Sea, before his Appli-
cation to the Commissioners as aforesaid, which Publication must be
made appear before the Commissioners Commissioned as aforesaid,
at the time of such Application, whereupon the Commissioners may
proceed to determine such Bounds of Land so prayed to be ascer-
tained, as effectually to all Intents and purposes, as if the Parties
concerned, or any ways Interested were Personally present.
And whereas several Persons by their Humble Petition, have rep-
resented to this present Sessions of Assembly, That they being con-
cerned and interested in Lands, the Bounds whereof have been in
Dispute, and whereupon the Commissioners of the several Counties
for ascertaining the Bounds of Land pursuant to the Act of Assem-
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