1715.
Party aggrieved
by determination
of the commissioners,
may apply for
a special commission
for a review,
&c.
Appeals in certain
cases may be made
from the sentence
of the commissioners
of review to
the King in Council. |
APPENDIX.
That if either of the said parties, disputing bounds as aforesaid,
shall find himself aggrieved by any such order, determination, and
decree, as aforesaid, it shall and may be lawful for the person so
aggrieved, to make application to the governor for the time being
for a special commission, to be directed to three persons inhabiting
within this province, whereof one to be of his Majesty's council, or
one of the Justices of the Provincial Court, and the other two to
be well skilled in the art of surveying, and of good character,
such as the governor shall think fit to appoint, to review such determination,
order, and decree, who, by virtue of such commission,
shall have full power and authority to review the same, according
to the directions, and after the manner prescribed in this act, and
either confirm the same, or otherwise to pass such further determination,
order and decree, of and upon the premises, as to them
shall seem most just and equitable; so always, that the said review
shall be made, and fully completed and entered, as aforesaid, within
three months from the time of the determination, made by the first
commissioners, from which last determination, and entry of the
plat and certificate thereof, as aforesaid, there shall be no further
review or appeal whatsoever, allowed to any of the Courts of this
Province; but in case the pretentions of any party grieved shall
amount unto, or be adjudged to exceed the value of three hundred
pounds sterling; that then and in all such cases, such party may
have an appeal from such sentence of the commissioners of review
to the King's Majesty in Council, he giving security to prosecute
such appeal with effect, or otherwise pay and satisfy all such costs
and damage as shall or may accrue to the other party for whom
such sentence has been given, by making such his appeal as aforesaid. |
Party in whose favour
the sentence shall
be given to be put
into possession,
notwithstanding
an appeal.
This act not to
extend to bounds
formerly settled,
nor where actions
depending.
Commencement
and continuation
of this act. |
11. PROVIDED NEVERTHELESS, AND IT IS HEREBY
ENACTED AND
DECLARED, That the party for whom such sentence as aforesaid,
shall be given, shall not any ways be delayed by such appeal to the
King's Majesty as aforesaid, but immediately put in possession of
the land within the bounds so ascertained as aforesaid. And also
provided, That where any bounds of lands have been already settled
and determined by any lawsuits, arbitrations, or otherwise,
such determination appearing on record, the same so settled and
determined, shall remain and continue unalterable, and no ways
subject to any view or review of the commissioners appointed by
this law. And that it shall and may be lawful for the Provincial
Court of this Province to hear and determine all actions fo trespass
and ejectments already depending before them, or which shall
be commenced before the first day of June, one thousand seven
hundred and sixteen, any thing in this act to the contrary notwithstanding,
And further, That this act, nor any clause therein contained,
shall be of force or put in execution, within any the counties
of this Province, until the first day of June, in the year of our
Lord God, seventeen hundred and sixteen, or continue in force
longer than three years after the said first day of June, seventeen
hundred and sixteen.
This act was repealed by 1718, ch. 18, which was
dissented to by his lordship. |
