| 1718. |
APPENDIX.
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, |
Commissioners
empowered to enforce
obedience to
their process. |
7. 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 all 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 contemning 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 officers fees, against the offenders thereof. |
Persons obstructing
commissioners
to forfeit 1000
lbs. tobacco. |
8. 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 other officer or assistant in
performance of their duty aforesaid, in any cases within the directions
of this act, shall forfeit and pay to the lord proprietary, 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 essoyn, protection or wager
of law shall be allowed. |
Officers sued may
plead the general
issued, &c.
In certain cases
there may be appeals. |
9. 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 of this act, such person or persons, so sued, may plead
the general issued, and upon any issue joined, may give the
special matter in evidence; and if the plaintiff shall discontinue
his suit, or judgment pass against him, the defendant or defendants
shall recover his or their double costs for his or their unjust vexation:
Provided always, That in case the pretentions of any party
grieved, shall be adjudged by the major part of the commissioners
determining the bounds as aforesaid, to be of or to exceed the value
of three hundred pounds sterling, that then in all such cases, such
party may have an appeal from such determination and decree of
the commissioners aforesaid, to the king's majesty in council, he
or they 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. |
Possession to be
delivered, &c. |
10. 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 lands within the bounds so ascertained as aforesaid; And |
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