Acts. 129

soever, to take up the said Lot or Lots, paying the Owner or Owners
proportionably for the same. And in Case the Owner or Owners
of the aforesaid Twenty Five Acres of Land, shall refuse to make
Sale of the same, or that through Nonage, Coverture, or any other
Disability or Impediment whatsoever, 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, authorized,
impowered, and required, to issue Warrants under their Hands and
Seals, to the Sheriff of the said County; which said Sheriff is also
hereby required and impowered, upon Receipt of such Warrants, to
impannel and return a Jury of the most substantial Freeholders,
Inhabitants within the said County, to be and appear before the said
Commissioners, at a certain Day and Time by them to be limited :
Which Jury, upon their Oaths, shall enquire to whom the said Land
belongs, and assess and return what Damages and Recompence they
shall think fit, to be awarded to the Owners of the said Twenty Five
Acres of Land, and to all Persons interested therein, according to
their several and respective Interests: And what Sum of Tobacco,
the said Jury shall adjudge the said Twenty Five Acres of Land to
be worth, shall be paid to the Owners so found by their Verdict, and
to all Persons they find interested therein, by such Person or Persons

Session
Laws

as shall take up the said Lots, proportionably to their Lot or Lots,
which shall give the said Purchaser or Purchasers, their Heirs and
Assigns, an absolute Estate of Fee Simple in the said Lot or Lots;
he or they complying with the Requisites in this Act mentioned.
And be it further Enacted, That the Surveyor of Somerset
County, for the Time being, shall have and receive, for Surveying
and Laying out the Town aforesaid, the Sum of Four Hundred
Pounds of Tobacco, and no more; to be paid and allowed him in
the County Levy: And that he return a Plat thereof to the County
Clerk, to be by him kept amongst the County Records. And in Case
the Taker-up of such Lot or Lots, refuse or neglect to build upon
such Lot or Lots, within Eighteen Months, an House, with one
Brick Chimney, that shall cover Four Hundred square Feet, that
then it shall and may be lawful for any other Person or Persons
whatsoever, to enter upon the said Lot or Lots, so as aforesaid not
built upon, paying such Sum of Tobacco, as shall be first set and
assessed upon such Lot to the Commissioners aforesaid, or such
other Person as the said Commissioners, or the major Part of them
shall nominate and appoint to receive the same, for the Publick Use
and Benefit of the said Town; and to be taken up a Second Time.
Provided always, That such Taker-up or Purchaser, build and
finish, within Eighteen Months after such his Entry made, such
House as in this Act is before limited and appointed to be built by the
first Taker-up; which House, so built, shall give and settle as good

p. 37