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CHAP.
CII.
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commissioners, or any two of them, shall have power and authority to direct the surveyor of Mont-
gomery county, or any person whom they may think proper to appoint, to survey the said town and
the several lots therein, and make out an exact plot thereof, and shall ascertain and limit the extent
of the lots, streets and lanes thereof, most agreeably to their original location, according to the best
evidence that can be obtained, and the said lots, so laid out, shall by them be numbered one, two,
three, and so on, for distinguishing each lot from the other, and shall cause the said streets and lanes
to be named by certain names; and the said commissioners, or a majority of them, shall have power
to adjourn from day to day till the duties imposed by this act are fully performed.
III. AND BE IT ENACTED, That the said lots, when they are surveyed and laid Out by the com-
missioners aforesaid, or a majority of them, shall be and are hereby erected into a town, to be called and
known by the name of Hyatt's-Town; and the said commissioners, or a majority of them, are hereby
directed to return a. correct certificate and plot of the said lots to the clerk of Montgomery county
court, who is hereby required to record the same among the land records of said county, and keep
the original certificate and plot in his office, and a certified copy of the original or record, or any part
thereof, shall be conclusive evidence as to the bounds and lines of the said town, and the lots thereof.
IV. AND BE IT ENACTED, That the said commissioners, or a majority of them, are hereby autho-
rised and required, having first given twenty days notice of the time and place of their meeting, by
public advertisement, to issue summonses for such person or persons as may be applied for by any of
the proprietors aforesaid, which said witnesses are hereby required to attend, under the penalty of
five dollars for every neglect or refusal, and to examine them upon their corporal oath, or affirmation,
as the case may be, touching and concerning their knowledge of the bounds, limits and extent, of
any of the lots, streets and lanes, of the said town, and establish the same accordingly, and each
witness attending under any summons issued as aforesaid, shall be entitled to receive one dollar for
every day he shall so attend.
V. AND BE: IT ENACTED, That it shall be the duty of the proprietors of the lots, or any part of
a lot, in the said town, to provide boundary stones, and to have them marked and set up at the ter-
mination of the line or lines of their respective lots, in the presence of the said commissioners, or a
majority of them, which shall thereafter be deemed and taken to be the true bounds of the said lots,
or any of them.
VI. AND BE IT ENACTED, If any of the commissioners shall die, refuse, neglect, or be render-
ed incapable to act, the remaining commissioner or commissioners may appoint some other person
in the place of the person or persons who shall so die, refuse, neglect, or be incapable to act.
VII. AND BE IT ENACTED, That each of the said commissioners shall be allowed two dollars per
day for each and every day they shall attend as commissioners aforesaid, and that the surveyor shall
be allowed three dollars per day for each and every day he shall be employed by the commissioners
for the purpose aforesaid.
VIII. AND BE IT ENACTED, That all expenses incurred in the execution of this act shall be paid
by the proprietors in the proportions to the number of lots they may severally own or possess.
IX. AND BE IT ENACTED, That before any commissioners or surveyor shall proceed to the execu-
tion of the duties required of them by this act, he shall take an oath, or affirmation, as the case may
be, before some justice of "the peace for the county aforesaid, that he will well and truly discharge
the duties enjoined upon him by this act, according to the best of his judgment, without favour, af-
fection or partiality.
X. AND BE IT ENACTED, That the levy court, at the time of appointing constables for the county
aforesaid, shall appoint a constable in and for the said town, who shall have the same power and au-
thority that constables in the different hundreds have.
CHAP. CIII.
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