2484 INDEX TO THE

Page.

produce copies, certified by a justice of the peace, of all such parts

of all books or writings in their possession or power, as contain

evidence pertinent to the issue — 1801, ch. 74, sec. 6, . .

459

Judgment to be given in case of refusal — 1801, ch. 74, sec. 6,

459

But either party may, on such rule, produce the original books or

papers — 1801, ch. 74, sec. 6, .... .

460

The chancellor may, on the application of either party, in actions in

the general court, or on bills in the chancery court, require and de-

cree that the parties shall produce either the original book, Sec. or

certified copies, on being satisfied by oath, &c. that the said books

or papers contain evidence pertinent to the issue, and that the party

cannot safely go to trial without them — 1798, ch. 84, .

369

On failure by plaintiff, judgment to be given as in cases of non-suit;

on failure by defendant, judgment hy default — 1801, ch. 74, sec. 6,

551

But either on such rule may bring the original books into court — 1801,

oh. 74, sec. 6, ...... ....

551

On failure to produce books in chancery when ordered, the bill may be

taken pro confesso — 1807, ch. 140, ......

554

BOUNDARIES.

No person shall, on any pretence, cut clown or destroy any boundary

tree of his own or any other person's land, though it should stand

within his own land, under the penalty of five thousand pounds of

tobacco — 1722, ch. 8, sec. 2, .... . .

Stt

Any person presuming, without lawful authority, to bound any tree, or

to set up other boundaries for his own or other's lands, in lieu of

any original boundary, without giving notice to all persons con-

cerned therein of the time and place proposed for setting up such

boundary, or who, (if they do not appear,) shall not take with him

four substantial freeholders to be present thereat, shall forfeit on

every conviction five thousand pounds of tobacco — 1722, ch. 8,

sec. 3, ...........

59

In all such prosecutions the attorney-general, Sic. shall be as particu-

lar as possible iu describing the place or lands affected by the set-

ting up or destroying such boundaries — 1722, ch. 8, sec. 4, .

60

On petition of any landholder for a commission to examine evidences

to prove the bounds of his land, or other lands whereon the same

may depend, &c. the county court may grant a commission to four

substantial freeholders in the county, no way related to the parties,

nor interested in the land, any three or two of whom, (being first

sworn duly and impartially to examine and certify such evidence,)

may summon all such evidences as shall be nominated by the peti-

tioner, or others concerned, to appear before them at a day appoint-

ed, upon the land, and shall examine all such evidences upon oath

concerning the bounds thereof, and reduce such evidence into wri-

ting in presence of all the parties concerned there present, and re-

turn the same to the county court in perpetual memory — 1723, ch.

8, sec. 2, ...........

61

All examinations so taken shall be good as if taken according to the