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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Appendix 18   View pdf image (33K)
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XVIII.   APPENDIX.

to the king's majesty, his heirs and successors, for support of government, to be recovered in any court of record by action of debt, bill, plaint or information wherein no essoyn, protection or wager of law to be allowed, and if any witness so summoned shall neglect to appear at the time and place notified, or shall when appearing refuse to give his or their evidence, it shall be lawful for the said commissioners to issue attachment against him, her or them, to cause him to come or commit such wittnesses for such their obstinacy till they give their evidence as the case may require. And for the better discovery of the true bounds of the lands in dispute, the commissioners or any three of them as aforesaid, being upon the land, may cause the said lands and also any other adjacent lands, for the better information to be surveyed, and having duly and impartially considered as well the proofs and allegations of both parties as all other circumstances nearest concurring with the true intent, design and meaning of the original surveys, shall then and there determine and ascertain the limits and bounds of the said lands in dispute, as they or the major part of them then and their presents shall adjudge most just and reasonable, and cause the same lands in their presence to be new markt out with such marks and bounds as to them shall be adjudged most plain and durable, and cause three fair platts and certificates thereof to be made by the said surveyor, two thereof for the contending parties, and the third to be fairly entred in a book for that purpose to be provided by the commissioners at the county charge, of good, large, strong paper, with a leather or parchment cover, which said books shall be lodged with the clerk of the county where such lands as aforesaid lye, and kept among the records of the same county, which said bounds so ascertained and entred as aforesaid, shall be and remain the certain and undoubted bounds of the said lands forever; and further, the said commissioners after having ascertained the limits and bounds as aforesaid, shall and may by virtue of this act put either the complainant or defendant (as the case shall require) in peaceable possession of the bounds so determined, and also assess and decree all costs and damages accruing thereupon, upon non-payment whereof it shall and may be lawful for the party or parties concerned to bring an action at common law for recovery thereof, and to give such order or decree in evidence, to prove the same in which action no essoyne protection or wager of law shall be allowed: and that from all and every of such decrees and determinations there shall be no appeal or review other than is hereafter expressed.

    And be it further enacted by the authority aforesaid, That such commissioners so commissioned as aforesaid, in consideration of their time and trouble in viewing the several lands

 

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Appendix 18   View pdf image (33K)
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