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APPENDIX.
trial by juries in the provincial court, which juries never having
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 expresssions of the aforesaid surveyors
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 times forced to relinquish and give up their
just right to their more potent litigious adversaries, rather than
suffer the loss of time, fatigue and expense of a long journey, and
a longer and more tedious attendance. And forasmuch as the
multitude of cases varying in their several circumstances will not
admit of any general rule to be prescribed, whereby the court and
jury may adjudge of and determine the matter in controversy;
therefor this present general assembly do humbly pray it may be
enacted, |
1718. |
2. AND BE IT ENACTED by the Right Honourable
the Lord Proprietary,
by and with the advice and consent of his Lordship's Governor,
and the Upper and Lower Houses of Assembly, and the authority of
the
same, That nine persons in each respective county of this province,
who are the best skilled in the act of surveying, and best acquainted
with the nature and design of ancient surveys, and of the best
reputation in the county, (none of them being surveyors of the
county,) such as the governor and council, for the time being, shall
think proper, shall be commissioned and empowered under the
great seal used in this province, by the governor for the time being,
which commissioners by virtue of such commission, and the
authority of this act, are required to take the oaths appointed by
law, and subscribe the oath of abjuration and test, before any persons
qualified to administer the same, as likewise the following
oath: " I, A. B. do swear, that I will justly and truly execute
the
" powers and authorities in this act contained, according to the best
" of my knowledge, without favour or affection to any of the parties
" concerned. So help me God." And to meet at their several
and respective court-houses the second day of every county court,
to receive the petitions, (which must be in writing,) of all persons
that shall have occasion to make application to them, for the ascertaining
the bounds of any land lying within such county; provided,
that the party complaining or petitioning twenty days before preferring
such petition, shall have given due notice to all persons
that are any ways interested or concerned in the bounds of such
land, by setting up notes at the court-house door, and parish
church where the land lies, certifying the time when such party designs
to make application to the commissioners, at which time and
place all persons concerned in the dispute about the bounds of such
land, both complainants and defendants, are required to meet, and
in the presence of the commissioners then present to make choice
of any number of the aforesaid commissioners, not being less than
three, to determine the matter in controversy and dispute between
them concerning such bounds of their lands, such choice to be
noted and certified on the back of such petition by the commissioners
then present, which number of commissioners being mutually |
Nine persons in
each county to be
appointed, &c.
Their oath, &c.
When to meet, &c.
To make choice of
not less than three
of the commissioners,
&c. |
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