LEVIN: WINDER, ESQ. GOVERNOR

59

ry, or by any county court, pursuant to the act to di-
rect descents, have died, or shall die before having
completely executed the com mission directed to them,
or any order made in connection therewith, it shall and
may be lawful for the chancellor, or such county court,
by. whom such commission shall have been awarded,
on the application by petition in writing, of any heir,
representative, purchaser, or other party interested,
to appoint other discreet and sensible men for the pur-
pose of proceeding in the execution and completion of
tile commission originally issued, or of any order
made in pursuance thereof, and every such petition
shall set forth the substance of the first application, the
issuings of the commission, the progress which the
commissioners shall have made towards the execution
thereof, and their decease, that the chancellor, or
court may be better enabled to understand what re-
mains to be completed; and thereupon, the said chan-
cellor, or court, being first satisfied of the truth of
what the petition shall alledge, shall be, and they arc
hereby authorised and empowered, to nominate and
appoint two, three or more commissioners, according
to the progress made by the deceased commissioners,
for the purpose of completing the execution of the said

1812.

before execut-
ing their trust
what proceed-
ings shall be
lawful.

commission, or of any order relating to the same.
2. AND BE IT ENACTED, That the register
in chancery, or the clerk of the county court, as the
case may be, shall thereupon issue a warrant in the
nature of a commission, directed to the persons so ap-
pointed commissioners, reciting in substance the facts
set forth in said petition, and authorising and requir-
ing the said commissioners or the major part of them, if
more than two, forthwith to proceed in the execution
and completion of the original commission, according
to the provisions of the act to direct descents, and of
its several supplements, and directing them to return
the said warrant, together with a certificate of their
proceedings annexed to the same, with ail conveni-
ent speed; and the said commissioners, upon receiv-
ing notice of the said warrant, shall repair before a
justice of the peace, in and for the county, wherein
they shall respectively reside, and severally make.
oath or affirmation, that they will well and faithfully
perform the duties required of them by the said war-
rant, and proceed in the execution and completion of
the original commission therein mentioned, agreeably
to the directions and provisions of the act to direct
descents, and of its several supplements, without fa-
vour, partiality or prejudice, and according to the

Warrant shall
be issued to
new commissi-
oners.