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APPENDIX.
and authorities in this act contained, and according to the best of
my knowledge, without favour or affection to any of the parties
concerned. So help me God." |
1715. |
2. AND for that it may be highly necessary,
that certain times be
appointed for the said commissioners to meet at a certain place,
whereto all persons aggrieved may repair to make application for
redress, BE IT ENACTED, by the authority aforesaid, That the said
commissioners shall appoint certain days, and make publication
thereof, whereon to meet at the court-house in each respective county;
at which day and place the said commissioners, or any three or
more of them, upon complaint made by any person, touching any
difference or dispute, concerning the bounds or limits of any tract
or tracts of land, or part or parcel of any tract or tracts of land,
lying and being within their respective counties, shall appoint a
certain day or days, on which the said commissioners, or any three
of them, at the least, not being any ways related to either complainant
or defendant, either by consanguinity or affinity, or any ways
interested in such dispute, unless by mutual consent of both the
said parties, shall go upon the land in dispute, and view and consider
the premises. |
Commissioners to
appoint certain
days to meet at
the court-houses
to hear complaints,
&c. |
3. AND for the better enabling the said commissioners
to proceed with
effect in the said causes, BE IT FURTHER ENACTED, by the authority
aforesaid, That upon a petition or complaint, made to the said commissioners
in writing by any person or persons, any ways concerned
in such disputable bounds, that it shall and may be lawful for any
one of the said commissioners to grant summons in writing, to be
directed to the party or parties, therein mentioned, and also to any
witness and witnesses, or his Majesty's surveyor of the said county
for the time being, to be and appear before the said commissioners
at a day and place therein to be prefixed, the service
whereof in such manner and form as is usually allowed to be good
service in cases of subpœna, shall be accounted to be a good service
in the cases aforesaid; and that upon appearance or default of any
person or persons, interested in any manner, as aforesaid, upon
oath thereof made before the said commissioners, they shall and
may, notwithstanding, proceed to the determination of such controversies,
saving always, that when any person or persons so to be
summoned, shall be beyond the seas, or cannot be found to be
summoned, that no proceedings shall be thereupon had, until after
eighteen months then next following; and then, oath being
made of endeavouring to serve the said summons, the said commissioners
shall and may proceed, as if the said party had been
actually summoned, unless the said person or persons, so absent,
upon a new summons after his or their return, or being found,
shall sooner appear. |
On complaint in
writing, commissioners
to grant
summons to the
party, witnesses,
and surveyor, &c.
and on appearance,
&c. to proceed to
determine, &c. |
4. AND BE IT FURTHER ENACTED, by the authority
aforesaid, That
if the surveyor of the county aforesaid, shall wilfully forbear or
delay to be and appear, according to the tenor of the same summons,
such surveyor, so wilfully refusing or delaying, shall forfeit
for every such offence, five hundred pounds of tobacco to the
King's Majesty, his heirs and successors, for support of government,
to be recovered in any court of record by action of
debt, bill, plaint, or information, wherein no essoign, protection, |
If surveyor neglect
to appear he
shall forfeit, &c.
and if witness neglect,
or refuse to
give evidence, attachment
may issue,
&c. |
VOL. IV.
27
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