Volume 73, Appendix 20 View pdf image (33K) |
XX. APPENDIX. more on pain of incurring the penalties directed by the act for limitation of officers fees against the offenders thereof. And to prevent the said commissioners from being molested and disturbed in the execution of their commission, Be it further enacted by the authority aforesaid, that if any person or persons whatever, shall presume to molest, disturb or obstruct the said commissioners, surveyor, or any other officer or assistant in performance of their duty aforesaid, in any case within the direction of this act, shall forfeit and pay to our sovereign lord the king, his heirs and successors, for the support of government, the sum of one thousand pounds of tobacco, to be recovered in any court of record within this province, wherein no essoyne, protection, or wager of law shall be allowed. And be it further enacted by the authority aforesaid, that if any suit or action be commenced or prosecuted against any person or persons for what he or they shall do in pursuance of the execution of this act, such person or persons so sued may plead the general issue, and upon any issue joined, may give the special matter in evidence, and if the plaintiff shall discontinue his suit, or judgment pass against him, the defendant or defendants shall recover his or their double cost for his or their unjust vexation.
Provided always, that if either of the said parties disputing bounds as aforesaid, shall find himself aggrieved by any such order, determination and decree as aforesaid, it shall and may be lawful for the person so aggrieved, to make application to the governor for the time being for a special commission, to be directed to three persons inhabiting within this province, whereof one to be of his majesty's council or one of the justices of the provincial court, and the other two to be well skilled in the art of surveying, and of good character, such as the governor shall think fitt to appoint to review such determination, order and decree, who by virtue of such commissioner shall have full power and authority to review the same, according to the directions and after the manner prescribed in this act, and either confirm the same or otherwise to pass such further determination, order and decree, of and upon the premises, as to them shall seem most just and equitable, so always that the said review shall be made and fully compleated and entered as aforesaid, within three months from the time of the determination made by the first commissioners, from which last determination and entry of the platt and certificate thereof as aforesaid, there shall be no farther review or appeal whatsoever allowed to any of the courts of this province; But in case the pretensions of any party grieved shall amount unto or be adjudged to exceed the value of three hundred pounds sterling, that then and in all |
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Volume 73, Appendix 20 View pdf image (33K) |
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