Volume 73, Appendix 33 View pdf image (33K) |
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shall and may be lawful for the commissioners of review to put the appellant or appellants in to quiet possession of the lands and tenements contained within the said bounds, with a saving to all persons who may have a better right to all or any part of the said land, whether by superiority of title, or priority of survey, which also shall be a rule to the land commissioners of the first view, any thing in this or the former act to the contrary notwithstanding. And be it enacted, by the authority, advice and consent aforesaid, That the judgment, order and decree of any commissioners of review, as aforesaid, shall be final, saving to all persons their right of appeal to England, in such cases and in such manner as the laws of Great-Britain and this province allow of. And be it further enacted, by the authority aforesaid, by and with the advice and consent aforesaid, That in case any of the commissioners of review should be related to any of the contending parties, or be any ways interested in the lands in dispute before them, or should die, or should have been a judge before on the determination of the bounds of any such lands, then in such cases it shall and may be lawful for the commissioner or commissioners not related or interested or surviving, or having been a judge before as aforesaid to call to his or their assistance one or two, (as the case shall require,) freeholders of the same county, such as he or they shall approve of, not being any ways related or interested as aforesaid, who shall be thereby impowered (on qualifying him or themselves by taking the oaths by this act directed,) together with such commissioner or commissioners to review the said land or lands and proceed to the determination of the bounds thereof, and other requisites in all and every respect, as fully and amply to all intents and purposes as the said commissioners, had they not been related, interested or dead, as aforesaid, could or might have done, and the like method to be used where a choice is made of the land commissioners upon the first view by the contending parties. And forasmuch as it may sometimes happen upon the exterior bounds of counties, that some of the lines of lands in dispute may run into the next adjacent county, or that it may be necessary to run the lines of some lands lying in such county, in order to find the true bounds of the land in controversy,in all such cases it shall and may be lawful for the commissioners of review, or land commissioners, to cause such lines to be run out and to settle the bounds of land in dispute, notwithstanding some of the boundaries may be in such adjacent county. And be it further enacted, by the authority aforesaid, by and with the advice and consent aforesaid, That the commissioners 5 |
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Volume 73, Appendix 33 View pdf image (33K) |
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