| 1715. |
APPENDIX.
the lord proprietary to survey and lay out such lands to the said
persons, were deterred from making so strict a scrutiny into the
true situation of the several rivers, creeks and branches of this bay,
so as to prevent the interference of the bounds limited and appointed
by the said surveyors for each tract, and for settling the courses,
or measuring the true distances of lines directed to run to the several
trees or other bounds then prescribed, to limit and bound the
several tracts of land; and also the surveyors themselves, so appointed,
were too often both very ignorant and negligent in performing
their duty therein; and also forasmuch as the bounded
trees, by them formerly bounded, (for very many of the said former
surveyors are dead,) are so far lost and forgotten, that no remains
or memory are left of the same, and the other boundaries,
either of bays, rivers, creeks, or branches, as also of courses and
distances, so darkly and unskilfully expressed, that many great
controversies and suits have been, and are daily moved thereupon,
and no certain method as yet being prescribed for the speedy determination
thereof, but a course at common law, and trials by juries
in the provincial court, which juries, having never had any
view of the lands in debate, so as to be made sensible of the true
situation of them, whereby the true intent and meaning of the dark
and unskilful expressions of the aforesaid surveys are the better to
be understood, cannot possibly give a just verdict thereupon, which
occasions most common and frequent appeals to the superior courts,
and vast additional charges thereby accruing, insupportable to the
inhabitants of this province, especially the poorer sort, who are
thereby frequently ruined, or very much impoverished, and many
timed forced to relinquish and give up their just rights to their
most potent litigious adversaries, rather than suffer the loss of
time, fatigue and expense of a long journey, and longer and more
tedious attendance. And forasmuch as the multitude of cases,
varying in their several circumstances, will not admit of any general
rules to be prescribed, whereby the court and jury may adjudge
of and determine the matter in controversy; therefore this present
general assembly do pray, that it may be enacted, |
Five persons in
each county to be
commissioned to
determine differences
concerning
the bounds of land.
Their oath, &c. |
1. AND BE IT ENACTED, by the King's most
excellent Majesty, by
and with the advice and consent of his Majesty's Governor, Council and
Assembly of this Province, and the authority of the same, That five
persons
in each respective county of this province, who are best skilled in
the art of surveying, and best acquainted with the nature and design
of former surveys, such as the governor and council, for the
time being shall see proper, shall be commissionated and empowered
under the great seal used in this province, by the governor for the
time being, who by virtue thereof, and the authority of this act, shall
or may, with or without adjournment from time to time, meet, and
summarily, and without the formalities of proceedings used in courts
of law or equity, by testimony of witnesses upon oath, examination of
parties interested, or by all or any of the said ways, or otherwise, at
their discretion, from time to time, to hear and determine all differences
and controversies, which hereafter shall or may happen in
their several and respective counties, between any persons therein,
of, for, touching, or concerning the bounds and metes of land
only; which said commissioners shall take the following oath: " I,
A. B. do swear, that I will justly and truly execute the powers |
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