| 1718. |
APPENDIX.
such their commissions, by virtue thereof, or the aforementioned
act, but that all parties concerned in such disputes, where there has
not been a final and conclusive determination, pursuant to the direction
of the said act, shall be and are hereby left to their liberty
to make their fresh application to the commissioners appointed by
this act, and to enjoy and reap the benefit of the same, to all intents
and purposes, as any other person or parties whatsoever. |
Other cases of persons
prejudiced
that were not
made parties, provided
for. |
12. AND further, whereas sundry persons have
likewise by their
humble petition set forth, That some of the commissioners of the
counties, and also commissioners of review for ascertaining
bounds of land, pursuant to the aforementioned act, have proceeded
to make and have made their awards, decrees and determinations
concerning the bounds of several lands, (wherein such petitioners
were interested) and have awarded their lands to others, to their great
prejudice, without their being made parties, and without giving
such due notice of their proceedings to such petitioners, as, according
to the true intent and meaning of the aforementioned act they
ought to have done; by which means such petitioners have been
precluded from making their just defence, and are left remediless
by any other way or means whatsoever, unless specially provided
for by a law for that purpose; BE IT THEREFORE LIKEWISE ENACTED
That all and every such person or persons whatsoever, interested
in any of the lands within this province, concerning the
bounds whereof either the commissioners of any of the several
counties in this province, or commissioners of review, have made
any award, decree, or determination, to their prejudice, without
having such notice to appear and make their defence, which they
ought to have had, according to the true intent and meaning of the
aforementioned act, such person or persons so prejudiced, as aforesaid,
shall in no ways be concluded by any such award, decree or determination
whatsoever, but are hereby declared to be restored,
and to stand upon the same foot as to any of the lands wherein
they were interested (and awarded to others as aforesaid) as if such
award, decree, or determination, or any other proceedings thereupon,
had never been made; any thing in the aforementioned act,
to the contrary notwithstanding. |
No advocates to be
allowed that plead
for pay. |
13. AND to prevent the great delays and disturbances
that have
been given commissioners in land affairs, by admitting attornies
and other loquacious and mercenary advocates to plead before them,
for fees, BE IT LIKEWISE ENACTED, That for the future no persons
be admitted to plead as advocates before any such commissioners
as aforesaid, unless they shall upon request of the said commissioners,
or of either the parties, declare upon oath, that they
have not received nor do expect or will receive any fee or reward
whatsoever, for their assistance in such case. |
| Repeal. |
14. AND BE IT LIKEWISE ENACTED, That one act
of assembly
made at a session of assembly begun and held at the city of Annapolis
the twenty sixth day of April, anno domini, seventeen hundred
and fifteen, entitled, " An act for ascertaining the bounds of
land within this province," and also the supplementary act thereto,
be and are hereby repealed.
This act was dissented to by his Lordship,
in his speech communicated by the
Governor, on the 19th day of July 1721. |
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