LAND LAWS |
If either the said parties, &c.
find himself aggrieved
by any order, &c. to apply to the governor
for a special commission, to be directed to three
persons, &c. such as the governor may think fit
to appoint, to review such order, &c. such review
to be made &c. within three months from the
time of the determination made by the first commissioners,
&c. When the pretentions of any
party grieved shall exceed £ 300 sterling, such
party may then appeal from the sentence of the
commissioners of review to the King's majesty
in council, by giving security to prosecute such
appeal, &c.
The party for whom such sentence shall
as aforesaid
be given, shall not be delayed by such appeal, but immediately
be put in possession, &c.
Where bounds of land have been settled
by law suits,
&c. such determination appearing on record, to remain
unalterable, and not subject to any view or review of
the commissioners, &c.
Provincial court to hear and determine
all actions of
trespass and ejectment already depending before them
or which shall be commenced before the first of June
1816, &c.
Where differences arise between persons
touching
the bounds of their lands, and it happen that complainant
or defendant is related to a majority of commissioners,
&c. the remainder of the commissioners
qualified, may appoint two good and lawful freeholders,
who after having qualified are competent to act with
the remaining commissioners,
Commissioners for ascertaining the
bounds of
lands in each respective county, to receive
one hundred pounds of tobacco for each day they
serve,
Commissioners of review to receive
one hundred
pounds of tobacco for each day they shall serve, to be
paid by such of the contending parties as the commissioners
shall adjudge,
Where there has been no final and
conclusive determination
as to the bounds of lands in dispute, all persons
interested in such dispute are left at liberty to
make fresh application to the commissioners, &c.
All persons interested in any lands,
concerning the
bounds whereof either the commissioners of the counties,
or commissioners of review, have made award, &c.
to their prejudice, without having notice to appear
and make defence, &c. such persons, so prejudiced,
shall in no ways be concluded by such award, &c.
but
shall be restored and put upon the same foot as to any
of the lands wherein they were interested, &c. as
if no
such award, &c. had been made,
No persons permitted to plead as advocates
in
land cases before any of the commissioners, unless
they shall, upon the request of the commissioners or
parties make oath that they do not expect any fee or
reward whatsoever,
Three freeholders to be commissioned
and empowered
to review any tract or tracts of land the bounds
whereof have heretofore been ascertained by land
commissioners, &c.
Directions relative to the time of
appeal,
Commissioners of review, upon application,
to appoint
a time not exceeding sixty days after such application,
to go upon the land in dispute, to give notice
to the contending parties to appear, &c. and proceed
to
view the bounds, &c. and upon mature consideration,
&c. to reverse or confirm the judgment of the land
commissioners, &c. |
Session
Ch. S.
April 1715 45 10
1718 18 8
April 1715 45 11
—— — —
—— — —
May 1717
9 1
May 1717
9 2
April 1718 18
2
May 1717
9 3
April 1718 18
9
—— — 10
—— — 11
Oct. 1720
17 1
—— — 2
—— — 3 |