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APPENDIX.
determined, and also assess and decree all costs accruing thereupon,
and the damages suffered on such land, and award execution
thereon against such of the parties as they shall adjudge to pay the
same; and that from all and every such decrees and determinations
made by such commissioners, elected and chosen as aforesaid, there
shall be no appeal or review, be the value of the land what it will;
but in case any person or party concerned or any ways interested
in the bounds of the lands in dispute, shall obstinately or wilfully,
after publication, as aforesaid, refuse or delay to meet the complainant
before the commissioners at the time notified for preferring their
petition, or if present, will not join in making their election or
choice of such numbers as aforesaid, out of the commissioners commissioned
as aforesaid, to ascertain the bounds of the land in dispute,
that then in all such cases it shall and may be lawful for the
major part of the commissioners, not being related to either party,
either by consanguinity or affinity, or any ways interested in the
lands in dispute, and to assess and decree all costs and damages,
and execution thereon, aforesaid, against the party or parties
which shall be adjudged to pay the same, from which decree and
determination there shall no appeal or review be allowed, other
than is hereafter expressed. |
1718. |
4. AND BE IT FURTHER ENACTED, by the authority
aforesaid,
That every such commissioners so commissioned, and executing
their commission as aforesaid, in consideration of their time and
trouble in viewing the several lands in controversy as aforesaid,
and passing such order and decree as aforesaid, shall for every
day they attend thereon, be paid the same of one hundred pounds of
tobacco, and no more, to be paid by such of the parties as the commissioners
shall adjudge to pay the same. |
Fees of commissioners. |
5. AND for ascertaining what fees the surveyors
shall receive,
BE IT ENACTED by the authority aforesaid, That for all such surveys
which in this case shall be made, the said surveyors shall have
such fees as by law are settled for primitive surveys, but if in case
it should be found needful to survey and run out only one or more
lines of any of the adjacent lands, that then the surveyor for every
such line or lines by him run shall have only a quarter of a pound
of tobacco per perch, and no more. And if it shall happen that
his lordship'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 exception 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. |
Fees to the surveyors. |
6. 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 be 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 |
Fees to the clerks,
&c. |
VOL. IV.
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