Arts. 633

prietors 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 Proprietor
or Proprietors, to convey the same; Be it Enacted by the Authority,
Advice and Consent aforesaid, That it shall and may be lawful to

Session
Laws

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
first Day of October next ensuing; and in case they make an Agree-
ment 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 said Ground, that then they or the
major Part of them, are hereby authorized, impowered, and re-

Commis-
sioners to
agree with
the Proprie-
tors of
Lands, &c.

quired, Ten Days at least before the Day on which a Survey as afore-
said is directed to be made, to issue a Warrant unto the Sheriff of
the said County, which said Sheriff is hereby authorized and required,

p. 35

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, 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 ad-
judged worth to the Proprietor or Proprietors as aforesaid, or a Ten-
der thereof by such Person or Persons who will 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 Re-
fusal 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 Per-
son or Persons paying or tendering as aforesaid, an absolute Estate
in Fee-Simple, in such Lot or Lots, such Person or Persons comply-
ing with the other Requisites in this Act mentioned; any Law,
Statute, Usage or Custom to the contrary notwithstanding.

What is to
be done in
case of the
Owners Re-
fusal of
Payment or
Tender.

And be it Enacted, That all Lots hereafter to be taken up, shall
be built upon and improved as according to the before Dimensions,

Lots taken
up to be
built uyon.