THOMAS SIM LEE, Efquire, Governor.

1793.

IV. And be it enacted, That the faid commiffioners, or any four of them
fhall caufe the faid plot, when finifhed, together with the depofitions by them
taken, to be entered on the records of Somerfet county, and the fame fhall be
thereafter confidered, deemed and taken, to be the true plot of Salifbury aforefaid,
and the proprietors of lots and houfes in faid town fhall be vefted with as good,
fure, and indefeafible eftate of inheritance, in fee-fimple, of, in and to, their fe-
veral and refpective lots and houfes, laid down in the manner herein directed, as
if the original plot had never been loft.

C H A P.

XXXIX.

Plot, &c to be
recorded, &c.

V. And be it enacted, That if any one or two of the commiffioners aforefaid
fhall die, refufe, neglect, or be rendered incapable to act, a majority of the re-
maining commiffioners may appoint fome other in place of the perfon who fhall
die, refufe, neglect, or be incapable to act; and if any three or more of the faid
commiffioners fhall die, refufe, neglect, or be incapable to act, the governor, with
the advice of the council, may appoint fome perfon or perfons in his or their place
or places, fo as to make up the remaining vacancies in manner aforefaid.

How vacan-
cies are to be
filled.

VI. And be it enacted, That the faid commiffioners fhall be allowed the fum
of ten fhillings per day for every day they fhall attend as commiffioners aforefaid,
and that the furveyor fhall be allowed the fum of fifteen fhillings per day, for
every day he fhall be employed by the commiffioners aforefaid for the purpofe
aforefaid.

Allowance to
commiffion-
ers, &c.

VII. And be it enacted, That the feveral proprietors of the lots in the faid
town fhall, at their joint expence, pay to the faid commiffioners the aforefaid fum
of ten fhillings per day, to be levied on their property, and all other expences in
equal proportions to the value of the property held by them feverally, to be ad-
judged by the faid commiffioners.

Proprietors to
pay expences,
&c.

VIII. And be it enacted, That before any commiffioner fhall proceed to the
execution of his office, he fhall take an oath, or affirmation, before fome juftice
of the peace, or fome other of the commiffioners, that he will well and truly dif-
charge the duties enjoined upon him by this law, according to the beft of his ex-
perience and judgment.

X. And, whereas it has become doubtful where the public road that divides
Somerfet and Worcefter counties originally run, and in as much as the afcertain-
ing the location thereof would be of public as well as private utility, Be it
enacted, That the commiffioners aforefaid, in manner aforefaid, fhall have full
power and authority to afcertain the original and true location of the faid road
where it divides Worcefter and Somerfet, near the town of Salifbury, as far as it
fhall be neceffary to the afcertaining the location of the faid town, or any part
thereof, and alfo to afcertain the true location of the road or roads leading from
the faid public road through the faid town of Salifbury to the bridge acrofs Wic-
comico river, according to the beft evidence that can be obtained, and fhall caufe
an accurate plot thereof, when made out, to be recorded in Somerfet county
court.

Commiffion-
ers to take an
oath.

And afcertain
the location of
the road, &c.

X. And be it enacted, That in cafe no fuit or action fhall be brought within
one year next after the recording fuch return, to call in queftion the adjudica-
tion of the commiffioners relative to their afcertaining the original location of the
public road aforefaid that divides Worcefter and Somerfet counties, the marking
and bounding the fame as aforefaid, and the record thereof; fhall be conclufive
evidence of its original location; provided, if any perfon or perfons fhould con-
ceive him, her or themfelves aggrieved, by the adjudication of the commiffioners
aforefaid, relative to the location of the faid road, he, fhe or they, may, at any
time within one year after the return aforefaid, appeal to the next county court to
be held in either of the faid counties; and if the adjudication of the commiffion-
ers, refpecting the location of the divifional road aforefaid, fhall be confirmed by
the verdict of a jury on any appeal as aforefaid, the fame, fo confirmed by the
jury, fhall be conclufive to every intent and purpofe whatfoever.

If no fuit is
brought, &c.
the marking,
&c. to be con-
clufive.