LAWS OF MARYLAND.—1723. 61
SEPTEMBER, 1723—CHAPTER 8.
An ACT for the case of the inhabitants in examining evidences relating to
the bounds of lands, and in the manner of obtaining injuctions. |
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WHEREAS the bounds of land in this province depend chiefly
upon marked trees, which are subject to decay, or upon bays,
rivers, creeks or branches, the names whereof do frequently
become obsolete or change, by which means the true bounds of
such lands, (in process of time,) become doubtful, and cause
tedious and chargeable law-suits to the owners thereof, and very
often the loss of their inheritance; wherefore, for the more easy
examination of evidences in perpetual memory, relating to
boundaries, |
Preamble. |
SEC. 2. Be it enacted, by the right honourable the Lord Pro-
prietor, by and with the advice and consent of his lordship's
Governor, and the Upper and Lower houses of Assembly, and
the authority of the same. That from and after the end of this
present session of assembly, upon the petition of any person
seized or possessed of lands, in his own or any other right, to
any of the several county courts within this province where the
land lies, for a commission to examine evidences, to prove or
perpetuate the memory of any the bounds of such lands, or of
any other lands whereon the lands he shall be so seized or pos-
sessed of shall depend, or whereto they relate, it shall and may
be lawful for the justices of such county court, as often as any
such petition shall be to them preferred, to grant a commission
to four substantial and capable freeholders within the said
county, (not being any way related to any of the parties, nor
interested in the land,) empowering them, or any three or two
of them, (they having first taken an oath before the said county
court, or some magistrate, duly and impartially to examine and
certify such evidences,) to issue summons for all such evidences
as shall be to them nominated by the petitioner, or other person
concerned, to appear before them at a certain day by them to be
appointed, upon the lands, the boundaries whereof are to be
proved or perpetuated, and to examine all such evidences upon
their corporal oaths, to be administered by such commissioners,
of their knowledge concerning the several bounds of such lands,
and carefully to reduce what the evidences shall declare, into
writing, in the presence of all the parties concerned that shall
be there present, and return the same to the county court
where the land lies, to be recorded in perpetual memory. |
Court, on
petition,
may grant a
commission
&c. |
SEC. 3. And be it enacted. That all examinations of witnesses
that shall be taken by virtue of and in pursuance of this act,
shall be as good and available as if taken according to the
rules and practice of the court of chancery, any defect or want
of form, or of filing or exhibiting a bill, or any law, usage or
custom to the contrary notwithstanding. |
Examina-
tions to
stand good. |
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