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tained ; and if any persons shall hereafter agree to settle and
ascertain the location of their lands, and fix boundaries to the
same, such settlement and agreement, and a plot of the lands
so settled, may, by consent of the parties interested, be recorded
as aforesaid, and when recorded, shall have the same effect and
consequences as if the location of such land had been settled by
commissioners as aforesaid.
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SEC. 7. And be it enacted, That each commissioner shall be
entitled to seven shillings and six-pence for every day he shall
attend in the execution of such commission ; that any person
acting as a surveyor shall receive such per diem allowance as
shall be adjudged by the commissioners, not exceeding fifteen
shillings for every day he shall necessarily be employed; that
each chain-carrier shall be entitled to receive five shillings, and
that each witness shall be entitled to three shillings and nine-
pence, for each day they shall respectively attend, to be paid by
the person at whose request the service shall be performed, and
if necessary, attachment of contempt shall be issued by the
county court to compel such payment.
See 1779, ch. 25, sec. 4, as to surveyor's fees.
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Allowance
to commis-
sioners, &c.
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SEC. 8. And, whereas it may happen, that divers persons
hold parts of one and the same tract of land, in the adjustment
and fixing the out-lines of which they are severally interested,
and persons holding younger surveys are frequently interested
in the location of elder interfering or neighbouring surveys, Be
it enacted. That where divers persons hold separate parts of one
and the same tract, they, or any of them, may have a commis-
sion as aforesaid, as well to fix, mark and bound, the whole
tract, as their particular parts thereof, and where any person or
persons hold a younger survey, and are thereby interested in
the location of interfering or neighbouring elder surveys, they
shall be entitled to a commission as aforesaid, to fix, mark and
bound, any such elder survey ; provided, that the person, or
some one of the persons, applying for such commission, give
notice in writing to the person seized of such elder tract, of his
or their intention of applying for such commission, nine months
before the petition therefor, and the person seized of such elder
tract shall have neglected to apply for and obtain a commission
as aforesaid, and every such commission shall be obtained and
proceeded on in like manner, and the execution thereof shall
have the same effect, as if the commission had been obtained
by a person seized of the land therein mentioned.
By 1793, ch. 70, where the same tract is held by different persons, and
lies partly in one county and partly in another, a commission may be ob-
tained to fix, mark and bound, the whole tract, and the particular part of
the applicant. And when any tract shall lie partly in this state, and partly
31
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Where
several per-
sons hold,
either may
have a
commission
&c.
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