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APPENDIX.
chosen by the parties contending, and certified as aforesaid, shall
proceed to appoint a day and make public declaration thereof, the
day of the making such choice, and order notes to be set up at the
court-house door, and parish churches, mills, and most frequented
towns in the said county, (not being less than five weeks from the
time of such election,) to meet on the lands in dispute, and shall
issue out summons in writing for all such evidences of witnesses as
shall be to them nominated by either of any of the parties as they
or either or any of them shall require the same, requiring them to
meet at the time and place appointed, to give evidence what they
know concerning the bounds of such land, and likewise issue out a
summons to his lordship's surveyor of the county, to attend the
said commissioners at the time and place appointed; the service of
all which summons, in such manner and form as is usually allowed
to be good service in cases of subpœna, shall be accounted good in
the cases aforesaid; and 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 his lordship, 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 essoyn, protection 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 her or their evidence, it shall be
lawful for the said commissioners to issue attachment against him,
her or them, to cause him, her or them, to come, or commit such
witnesses, for such their obstinancy, till they give their evidence, as
the case may require. |
For discovery of
ancient bounds the
lands and adjacent
lands may be
surveyed, &c.
May give possession. |
3. AND for the better discovery of the true
bounds of the lands
in dispute, the commissioners aforesaid being met at the time appointed
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 adjust 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 land as aforesaid lie, and kept among the records of the
same county; which said bounds so ascertained and entered, as
aforesaid, shall be and remain the certain and undoubted bounds of
the said lands forever. 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 |
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