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nominate and appoint a Clerk for the said Town; and so, as often
as Need shall require. And to the End, that the said Town may not
be hindered in its Improvement, either by a Refusal of the original
Proprietor or Proprietors of the same One Hundred Acres, to sell
any of the Lots therein to be laid out as aforesaid, or under an high
and unreasonable Price, by which Means any Person may be pre-
vented from purchasing the same, or by some Disability or Inca-
pacity in such Proprietor or Proprietors to convey the same ;
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Session
Laws
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Be It Enacted, by the Authority, Advice, and Consent aforesaid,
That it shall and may be lawful to and for the said Commissioners,
or the major Part of them, to treat and agree with the Proprietor
of the said Land not already taken up, for the Price of the same, at
any Time before the First Day of November next ensuing. And in
Case they make an Agreement for the Price with the Proprietor or
Proprietars, that then, when the Lots shall be laid out, they set a
Price on each Lot not already taken up, or purchased, for which, the
Taker-up shall pay: But in Case, they cannot agree for said Ground,
that then they, or the major Part of them, are hereby authorized,
impowered, and required. Ten Days, at the least, before the Day, on
which a Survey as aforesaid is directed shall be made, to issue a War-
rant, under the Hands and Seals of them, or the major Part of them,
directed to the Sheriff of the said County; which said Sheriff is hereby
authorized and required, upon receipt of such Warrant, to impannel
and summon a Jury of Twelve substantial Freeholders, Inhabitants of
the same County, to be and appear before the said Commissioners,
or the major Part of them, at the same Town, on a certain Day, being
such Day on which the aforesaid Survey shall be made; which Jurors,
upon their Oath to them, by such Commissioners, or the major Part
of them, to be administred, and who are hereby required and
authorized to administer the same, shall enquire what Damages and
Recompence ought to be awarded to the said original Proprietor or
Proprietors of all such Lots as are not taken up, and possessed by any
Person or Persons, other than such original Proprietor or Proprietors
of the said One Hundred Acres. And the Payment of such Sum or
Sums of Money, or Tobacco, as such Lot or Lots shall, by the said
Jury, be adjudged worth to the Proprietor or Proprietors as afore-
said, or a Tender thereof, by such Person or Persons, who shall be
willing and desirous to take up such Lot or Lots aforesaid; and
Refusal by such Proprietor or Proprietors, and such Payment, or
Tender, and Refusal, being duly proved, by the Oath of one or more
lawful Witness or Witnesses, before Two Justices of the Peace for
the said County, by the said Person or Persons intending to take
up the same; and an Entry or Record thereof made by the Town
Clerk aforesaid, and returned by him, to be lodged with the other
Proceedings in the County Court Office, as aforesaid, shall give and
make to such Person or Persons paying or tendering as aforesaid,
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p. 35
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