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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 520   View pdf image (33K)
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520 Assembly Proceedings, 1714-1726.

Session
Laws

of the said Lands forever. And further, the said Commissioners
after having ascertained the Limits and Bounds, as aforesaid, shall
and may by Virtue of this Act, put either the Complainant or De-
fendant, as the Case shall require, into peaceable Possession of the
Bounds so Determined, and also assess and decree all Cost accruing
thereupon, and the Damages suffered on such Land, and Award
Execution thereon against such of the Parties as they shall adjudge
to pay the same; and that from all and every such Decrees and De-
terminations made by such Commissioners, elected and chosen as
aforesaid, there shall be no Appeal or Review, be the Value of the
Land what it will, But in case any Person or party concerned or any
ways Interested in the Bounds of the Lordships in dispute, shall
obstinately or wilfully, after Publication, as aforesaid, refuse or de-
lay to meet the Complainant before the Commissioners at the Time
notified for preferring their Petition, or if present, will not joyn in
making their Election or Choice of such Number, as aforesaid, out
of the Commissioners Commissioned, as aforesaid, to ascertain the
Bounds of the Land in dispute, that then in all such Cases it shall
and may be Lawful for the Major part of the Commissioners, not
being related to either party, either by Consanguinity or Affinity,
or any ways Interested in the Lands in dispute, to proceed in the
same Manner as before Mentioned, to make their Decree and Deter-
mination concerning the Bounds of the Lands in dispute, and to
Assess and Decree all Cost and Damages, and Execution thereon,
as aforesaid, against the Party or Parties which shall be adjudged
to pay the same, from which Decree and Determination there shall
no Appeal or Review be allowed, other than is hereafter expressed.
And be it further Enacted by the Authority aforesaid, That every
such Commissioners so Commissioned and Executing their Com-
mission, as aforesaid, in Consideration of their Time and Trouble
in Viewing the several Lands in Controversy, as aforesaid, and
passing such Order and Decree as aforesaid, shall for every Day
they attend thereon, be paid the Sum of One Hundred Pounds of
Tobacco, and no more, to be paid by such of the Parties as the Com-
missioners shall adjudge to pay the same. And for ascertaining
what Fees the Surveyors shall receive,
Be it Enacted by the Authority, aforesaid, That for all such Sur-
veys which in this case shall be made, the said Surveyors shall have
such Fees as by Law are settled for primitive Surveys, but if in case
it should be found needful to Survey and run out only one or more
Lines of any of the adjacent Lands, that then the Surveyors for
every such Line or Lines by him run shall have only a Quarter of a
Pound of Tobacco per Perch, and no more. And if it shall so hap-
pen that his Lordships Surveyor, of the County shall be either a
Person Interested in any of the said Disputes, or related to either
Party, or that any just Exception be made against him, and allowed



 
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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 520   View pdf image (33K)
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