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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 728   View pdf image (33K)
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728 Assembly Proceedings, September 23-October 26, 1723.

Bacon

substantial and capable Free-holders within the said County,

(not being any way related to any of the Parties, nor in-
terested in the Land,) impowering them or any Three or Two
of them, (they having first taken an Oath before the said
County Court, or some Magistrate, duly and impartially to
examine and certify such Evidences,) to issue Summons for
all such Evidences as shall be to them nominated by the
Petitioner, or other Person concerned, to appear before them
at a certain Day by them to be appointed, upon the Lands
the Boundaries whereof are to be proved, or perpetuated; and
to examine all such Evidences upon their corporal Oaths, to be
administered by such Commissioners, of their Knowledge con-
cerning the several Bounds of such Lands; and carefully to
reduce what the Evidences shall declare, into Writing, in the
Presence of all the Parties concerned, that shall be there
present; and return the same to the County Court where the
Land lies, to be recorded in perpetual Memory.
III. And be it Enacted, That all Examinations of Wit-
nesses that shall be taken, by Virtue of, and in Pursuance of
this Act, shall be as good and available as if taken according
to the Rules and Practice of the Court of Chancery, any De-
fect or Want of Form, or of filing or exhibiting a Bill, or any
Law, Usage or Custom to the contrary notwithstanding.
IV. Provided always, That the Commissioners to be ap-
pointed by Virtue of this Act, shall, (before their Meeting on
such Land, where all Parties concerned live in the County, or
where they are not known) affix public Notes at the Parish
Church where the Land lies, Three Sundays at the least,
before their Meeting, intimating their Intentions, and the
Time they shall appoint, and shall cause the like Notes to be
put up in the most public Places in the County, Twenty Days
before such Meeting, and that where all Persons interested
are known, and any one of them lives out of the County, that
Notice shall be given by affixing a Note at the Church Door
of the Parish in which the Party resides, Forty Days at the
least, before such Meeting of the Commissioners; and that
the Commissioners shall return a Certificate of having given
Notice, directed by this Act, with the Examination of the
Witnesses.
V. And whereas many Persons in the remoter Counties
of this Province, having equitable Rights against the Recov-
eries of Law that happen against them in such Counties, but
before the Inconveniency of their purchasing Injunctions, as
the Practice stands at present, are obliged to submit to the
Injuries they receive, or to procure Sureties to go with them



 
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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 728   View pdf image (33K)
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