Volume 73, Appendix 26 View pdf image (33K) |
XXVI. APPENDIX. 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 lie, and kept among the records of the same county; which said bounds so ascertained and entered, 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, into peaceable possession of the bounds so determined, and also assess and decree all costs accruing thereupon, and the damages suffered on such land, and award execution thereon against such of the parties as they shall adjudge to pay the same; and that from all and every such decrees and determinations made by such commissioners, elected and chosen as aforesaid, there shall be no appeal or review, be the value of the land what it will; but in case any person or party concerned or any ways interested in the bounds of the lands in dispute, shall obstinately or wilfully, after publication, as aforesaid, refuse or delay to meet the complainant before the commissioners at the time notified for preferring their petition, or if present, will not join in making their election or choice of such number as aforesaid, out of the commissioners, commissioned as aforesaid, to ascertain the bounds of the land in dispute, that then in all such cases it shall and may be lawful for the major part of the commissioners, not being related to either party, either by consanguinity or affinity, or any ways interested in the lands in dispute, to proceed in the same manner as before mentioned, to make their decree and determination concerning the bounds of the lands in dispute, and to assess and decree all cost and damages, and execution thereon, as aforesaid, against the party or parties which shall be adjudged to pay the same, from which decree and determination there shall no appeal or review be allowed, other than is hereafter expressed. And be it further enacted by the authority aforesaid, That every such commissioners so commissioned, and executing their commission as aforesaid, in consideration of their time and trouble in viewing the several lands in controversy as aforesaid, and passing such order and decree as aforesaid, shall for every day they attend thereon, be paid the sum of one hundred pounds of tobacco, and no more, to be paid by such of the parties as the commissioners shall adjudge to pay the same. And for ascertaining what fees the surveyors shall receive, Be it enacted by the authority aforesaid, That for all such surveys which in this case shall be made, the said surveyor shall have such fees as by law are settled for primitive surveys, but |
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Volume 73, Appendix 26 View pdf image (33K) |
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