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APPENDIX.
also provided, That where any bounds of land have been already
settled and determined by any law suits, arbitration, 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 of trespass and
ejectments already depending before them: Provided always, That
if any person concerned or interested in any of the lands in dispute,
as aforesaid, shall happen to live in any of the remote counties
of this province from the county where such land in dispute
lies, or be out of this province, or beyond sea, that then the party
complaining shall make publication, as before provided by this act,
three months, the parties living in the remote counties, and twenty
four months, the parties being out of the province, or beyond sea,
before his application to the commissioners as aforesaid, which publication
must be made appear before the commissioners commissioned
as aforesaid, at the time of such application, whereupon the commissioners
may proceed to determine such bounds of land so prayed to
be ascertained, as effectually to all intents and purposes, as if the
parties concerned, or any ways interested, were personally present. |
1718.
This act not to extend
to bounds formerly
settled, &c.
How notice to be
given, &c.
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11. AND whereas several persons, by their
humble petition, have
represented to this present session of assembly, That they being
concerned and interested in lands, the bounds whereof have been in
dispute, and whereupon the commissioners of the several counties
for ascertaining the bounds of land pursuant to the act of assembly
made at a session of assembly begun and held at the city of Annapolis,
the 26th day of June, anno domini one thousand seven hundred
and fifteen, entitled*, " An act for ascertaining the bounds of
land within this province, have made their award, decree and determination
concerning such bounds, by which awards, decrees and
determinations, the petitioners aforesaid being much aggrieved,
pursuant to the aforementioned act, made their application in due
time by way of petition to his excellency the governor, for a commission
of review upon the aforesaid proceedings, which his excellency
has been pleased to grant them, but by sundry accidents
have lost the benefit of having such commissions executed within
the limited time according to the aforementioned act, and others
most unavoidably lose the benefit of such commissions, the persons
commissioned, and also others interested in being obliged to attend
public affairs and business of this province in this present
general assembly, until the time limited for executing such commissions
will either be expired, or so near expiring, that it will be impossible
such commissions can be executed in due time, pursuant to
the directions of that act. And it being further considered, that
there may be some others that conceive themselves injured by the
awards and decrees of the commissioners for the counties that had
resolved in due time, but has not yet made application to his excellency
for a commission of review, and likewise some cases where
the commissioners of the counties have begun and made some steps
towards, but have not finished their award and determination therein;
BE IT THEREFORE LIKEWISE ENACTED, That in all the aforementioned
cases, neither the commissioners of any of the several counties,
nor commissioners of review, shall proceed any further in executing |
Particular cases
under the late law
provided for
Ch. 45.
In cases aforementioned
commissioners
not to proceed
in executing
their commissions,
&c. |
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