1715.
For discovering
the true bounds,
the lands and adjacent
lands, to be
surveyed, and
commissioners to
determine the limits
and bounds of
the lands in dispute.
Lands to be new
marked out, and
plots and certificates
to be
made and entered,
&c.
Commissioners to
put either party
into possession and
may decree damages
and costs. |
APPENDIX.
or wager of law, to be allowed; and if any witness so summoned
shall neglect to appear at the time and place notified, or shall, when
appearing, refuse to give his or their evidence, it shall be lawful for
the said commissioners to issue attachment against him, her, or them,
to cause him to come, or commit such witnesses, for such their obstinancy,
until they give their evidence, as the case may require.
And for the better discovery of the true bounds of the lands in dispute,
the commissioners, or any three of them, as aforesaid, being
upon the land, may cause the said lands, and also any other adjacent
lands, for their better information, to be surveyed; and having
duly and impartially considered, as well the proofs and allegations
of both parties, as all other circumstances nearest concurring,
with the true intent, design and meaning of the original surveys,
shall then and there determine and ascertain the limits and bounds
of the said lands in dispute, as they, or the major part of them,
then and there present, shall adjudge most just and reasonable,
and cause the same lands, in their presence, to be new marked out,
with such marks and bounds as to them shall be adjudged most
plain and durable, and cause three fair plats and certificates thereof
to be made by the said surveyor; two thereof for the contending
parties, and the third to be fairly entered in a book for that purpose
to be provided by the commissioners at the county charge, of
good, large, strong paper, with a leather or parchment cover,
which said books shall be lodged with the clerk of the county where
such lands, as aforesaid, lie, and kept among the records of the
said county; which said bounds, so ascertained and entered, as
aforesaid, shall be and remain the certain and undoubted bounds
of the said lands for ever. And further, the said commissioners,
after
having ascertained the limits and bounds as aforesaid, shall and
may, by virtue of this act, put either the complainant or defendant,
as the case shall require, into peaceable possession of the bounds
so determined, and also assess and decree all costs and damages
accruing thereupon; upon non-payment whereof, it shall and may
be lawful for the party or parties concerned, to bring an action at
the common law for the recovery thereof, and to give such order
or decree in evidence to prove the same, in which action no essoign,
protection or wager of law, shall be allowed; and that from
all and every of such decrees and determinations, there shall be
no appeal or review, other than is hereafter expressed. |