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APPENDIX.
tobacco per perch, and no more; and if it shall so happen that the
King's surveyor of the county shall be either a person interested in
any of the said disputes, or related to either party, or that any just
exceptions be made against him, and allowed by the said commissioners,
then the said commissioners shall appoint some other skilful
and honest person in his stead to perform that service. |
1715. |
7. AND for the better dispatch of business
by the said commissioners,
BE IT ENACTED, by the authority aforesaid, That the said
commissioners shall and may, by their wisdoms and discretions, order
and settle such just fees and rewards for such clerk and other officers
and assistants, as they shall judge necessary to be by them appointed
and employed, all which said officers and assistants so appointed
as aforesaid, shall give their due attendance at the time and place
appointed, and do and perform such services, in furtherance of this
act, as shall be then and there directed them by the said commissioners,
under such penalties, as by the said commissioners shall
be adjudged, not exceeding one hundred pounds of tobacco, to be
levied by way of execution, to the use of the said commissioners,
on the body, goods, and chattels, of each of such offenders. |
Fees to the clerks,
and other officers,
&c. |
8. AND for the more effectual putting this
act in execution, BE IT
FURTHER ENACTED, by the authority aforesaid, by and with the advice
and consent aforesaid, That sheriffs, coroners and constables,
within this province, and other the officers aforesaid, shall pay as
due obedience to any precept whatsoever, that shall be directed to
any of them from the commissioners aforesaid, as to any other
precept whatsoever, and shall be under like pains or penalties, for
disobeying or contemuing thereof, and shall in all things be aiding
and assisting to such commissioners in their several offices, as they
are or ought to be to their several and respective county courts, or
to any single justice thereof, for all which services by such sheriffs
or coroners, to be performed by virtue of this act, they shall be
allowed half the fees that are allowed them by law in other cases
for such like services, and shall not charge or exact more, on pain
of incurring the penalties directed by the act for limitation of officer's
fees, against the offenders thereof. |
Sheriffs, &c. to
pay due obedience
to any process
from the commissioners.
Their fees. |
9. AND to prevent the said commissioners from
being molested and
disturbed in the execution of their commission, BE IT FURTHER
ENACTED, by the authority aforesaid, That if any person or persons
whatsoever shall presume to molest, disturb, or obstruct the said
commissioners, surveyor, or any other officer or assistant, in performance
of their duty aforesaid, in any case, within the direction
of this act, shall forfeit and pay to our Sovereign Lord the King,
his heirs and successors, for the support of government, the sum
of one thousand pounds of tobacco, to be recovered in any court of
record within this province, wherein no essoign, protection, or
wager of law shall be allowed. |
Persons molesting
the commissioners
&c. to forfeit, &c. |
10. AND BE IT FURTHER ENACTED, by the authority
aforesaid, That
if any suit or action be commenced or prosecuted against any person
or persons, for what he or they shall do, in pursuance of the execution
if this act, such person or persons, so sued, may plead the general
issue, and upon any issued joined, may give the special matter in
evidence; and if the plaintiff shall discontinue his suit or judgment
passed against him, the defendant or defendants shall recover his or
their double costs for his or their unjust vexation: Provided
always, |
Officers, &c. sued
may plead the general
issued, &c. |
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