Volume 73, Appendix 32 View pdf image (33K) |
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like fees and allowances with those who attend the land commissioners on the first view. And to ascertain in what time appeals shall be made, Be it enacted by the authority aforesaid, by and with the advice and consent aforesaid, That any complainant or complainants, defendant or defendants that are allowed an appeal by this act, shall enter their appeal within one hundred and fifty days after the end of this present sessions of assembly, or within one hundred and fifty days after such judgment, order, or decree hereafter to be made or given. And be it further enacted by the authority aforesaid, by and with the advice and consent aforesaid, That the said commissioners of review, or any two of them, after application to them made by any complainant or complainants, defendant or defendants as aforesaid, shall appoint a certain time, not exceeding sixty days after such application, to go upon the land or lands in dispute, and having given due notice thereof to the contending parties to appear and make good their several allegations, shall then and there proceed with all convenient speed to review the bounds of the land so ascertained, and upon mature consideration of the allegations of the parties, examination of evidences and running the lines of the said lands or any other adjacent lands for their better information, reverse or confirm the judgment, order and decree of the land commissioners aforesaid, and give such judgment therein as the case shall require. And be it further enacted by the authority aforesaid, by and with the advice and consent aforesaid, That it shall and may be lawful for the commissioners of review, upon confirming any judgment of the land commissioners to assess the costs and award execution for the same against the appellant, but upon a reversal of such judgment as aforesaid, that it shall and may be lawful for the said commissioners of review to mark or cause to be marked, such other boundaries to the land or lands in dispute as to them shall seem meet, and cause three fair plots and certificates thereof to be made by the surveyor, one for each of the contending parties and the other to be entered in a sufficient book to be procured at the charge of the respective counties, for that purpose, and lodged among the records thereof, and to assess not only all such costs and damages as may have accrued upon the review, but also all costs and damages which the appellant expended or suffered by the judgment, order, or decree of the land commissioners as aforesaid, and order execution thereon against the defendant. And be it enacted, by the authority aforesaid by and with the advice and consent aforesaid, That upon any such reversal and ascertaining the bounds of any land as aforesaid, it |
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Volume 73, Appendix 32 View pdf image (33K) |
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