Volume 73, Appendix 17 View pdf image (33K) |
APPENDIX. XVII. Be it enacted by the authority aforesaid, that the said commissioners shall appoint certain days, and make publication thereof, whereon to meet at the court house, in each respective county, at which day and place, the said commissioners, or any three or more of them, upon complaint made by any person touching any difference or dispute concerning the bounds or limits of any tract or tracts of land, or part or parcel of any tract or tracts of land, lying and being in their respective county's shall appoint a certain day, or days on which the said commissioners, or any three of them at the least, not being any ways related to either complainant or defendant either by consanguinity or affinity, or any ways interested in such dispute, unless by mutual consent of both the said parties, shall go upon the land in dispute, and view and consider the premises. And for the better enabling the said commissioners to proceed with effect in the said causes, Be it further enacted by the authority aforesaid, that upon a petition or complaint made to the said commissioners in writing, by any person or persons any ways concerned in such disputable bounds, that it shall and may be lawful for any one of the said commissioners to grant summons in writing, to be directed to the party or parties therein mentioned, and also to any witness and witnesses, or his Majesty's surveyor of the said county for the time being, to be and appear before the said commissioners at a day and place therein to be perfixed; the service whereof, in such manner and form as is usually allowed to be good service. In cases of subpoena shall be accounted to be a good service in the cases aforesaid; and that upon appearance or default of any person or persons interested in any manner as aforesaid, upon oath thereof made before the said commissioners, they shall and may notwithstanding proceed to the determination of such controversies, saving always, that when any person or persons so to be summoned shall be beyond the seas, or cannot be found to be summoned, that no proceeding shall be thereupon had until after eighteen months then next following, and then oath being made of endeavouring to serve the said summons, the said commissioners shall and may proceed as if the said party had been actually summoned, unless the said person or persons so absent, upon a new summons after his or their return, or being found, shall sooner appear. And be it further enacted by the authority aforesaid, that if
the surveyor of the county aforesaid, shall wilfully forbear or
delay to be and appear according to the tenor of the same
summons, such surveyor so wilfully refusing or delaying, shall
forfeit for every such offence five hundred pounds of tobacco
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Volume 73, Appendix 17 View pdf image (33K) |
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