Acts. 411

Survey aforesaid, and making and returning the Plat aforesaid;
and also what Fee or Fees the said Clerk shall have for entring the
Proceedings of them the said Commissioners, and the several Ser-
vices by this Act directed to be done, and transmit the same under
their Hands, or the Hands of the major Part of them, to the Justices
of Somerset County-Court, which Justices are hereby required and
impowered to tax and assess the same in the County Levy, which
shall be next laid after such Transmission; and that upon the De-
cease or Resignation of such Clerk, as aforesaid appointed, it shall
and may be lawful for the said Commissioners, or the major Part
of them, to nominate and appoint a Clerk for the said Town, and so
often as Need shall require.
And to the End that the said Town may not be hindred in it's Im-
provement, either by the Refusal of the Original Proprietor, or
Proprietors, of the said One Hundred Acres, to sell any of the Lots
therein to be laid out as aforesaid; or under a high and unreasonable
Price, by which Means any Person may be prevented from purchas-
ing the same; or by some Disability, or Incapacity, in such Proprie-
tor, or Proprietors, to convey the same ;

Session
Laws
p. 26

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, or
Proprietors, of the said Land, not already taken up, for the Price of
the same, at any Time before the Twenty-fifth Day of March, next
ensuing, and in case they make an Agreement for the Price, with the
Proprietor, or Proprietors, that 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 the

The Com-
missioners
are to agree
with the
Proprietors
as to the
Price of
Land.

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 Warrant 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, at 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 Recompense 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, as shall by the said Jury be adjudged worth, to

What is to
be done in
case they
cannot
agree.