II. Be it therefore
Enacted, by the King's
most excellent Majesty, by and with
the Advice and Consent of this present General Assembly, and the Authority
of the
same, That the Commissioners
of the several and respective Counties, within
this Province, whose Court-Houses are erected, that did otherwise hold
Courts on Lands, whereunto the respective County can lay no just Title
or
Claim to as aforesaid, do, on or before the tenth Day of April next
ensuing,
meet at their respective Court-Houses if any, or otherwise at such usual
Place
where Courts are by them held as aforesaid: And there treat, contract
and
agree to and with the Owner or Owners of such lands whereon such Court-House
shall stand or Courts be held, as aforesaid, for such and so much land
in that Part and Place where such Court-Houses stand, or Courts be held
as
aforesaid, as to them may seem convenient for the Use thereof, not exceeding
the Quantity of three Acres. And upon Agreement with such Person
or Persons,
Parties, Owners as aforesaid, or his or their Attorney or Attorneys, by
him or them impowered to make Sale thereof, to receive a Conveyance thereof
in the Name of his Majesty, his Heirs and Successors, to the Use of the
County before mentioned, and the same shall record in the County Courts,
as by Act of Assembly is required; and the Sums of Tobacco, by
them so contracted and agreed for, to be levied by an equal Assessment
on the
respective Counties for and in Satisfaction of the Purchasers aforesaid.
III. But
in case such Owner or Owners,
or his or their Attorneys lawfully
impowered, shall refuse to make Sale thereof, or be unreasonable in his
or
their Demands, or otherwise incapacitated to make Sale thereof, by Reason
either of Non-age, Non sane Memory, or being beyond the Seas; that
then
and in every such Case, it shall and may be lawful for the Commissioners
of
the said several and respective Counties, by virtue of this Act, to issue
out
Warrants to the respective Sheriffs, thereby commanding and impowering
them to empannel a Jury of substantial
Free-holders, within their respective
Precincts, at a certain Day and Time to appear before the said Commissioners,
on the Lands aforesaid: Which Jury, upon their Oaths to them first
administered
by the said Commissioners, are to inquire into the true Value of such and
so
much of the said land, as by the Commissioners they shall be directed,
not
exceeding three Acres aforesaid; and to assess such Damage, and Recompence
for the same, as they shall think fit to be awarded to the Owners, or Others,
on their behalf intrusted. And the Return of the Jury to be by them
made
in two Parts, one whereof is to be sent to his Excellency the Governor
and
Council of this Province, for the Time being, the other to be recorded
within
the several and respective County Courts whereto they properly belong,
shall be a perpetual Bar to the Claim or Pretensions of Claim made, or
that
shall hereafter be made, to the Whole, or any part thereof, by the Owner
or
Owners, or his or their heirs, Executors or Assigns for ever. And
the Damage,
or Recompence, by the several and respective Juries awarded for and
in Satisfaction of such Lands by them inquired of, to the Owner or Owners
thereof as aforesaid, shall be by the Commissioners of the respective Counties,
for the Time being, when thereunto required by such Owner or Owners,
or others lawfully intitled to the
Damage thereof, be levied and assessed in such
Method and Manner, as in this Act is before mentioned and expressed.
IV. And
for the better ascertaining the
Bounds of the said lands, so purchased
or taken up, for the Use of the Counties aforesaid, it shall and may be
lawful to and for the said Commissioners, who are also hereby impowered
and
required, to issue out Warrants to his Majesty's Surveyors of the respective
Counties whereunto they belong, to appear at such Day and Place to be by
them appointed as aforesaid, then and there to survey and lay out, in the
Presence
of the Jury aforesaid, such Lands by them taken up, for the Use of
the County aforesaid: and the same, at the End of each Angle, shall
Bound
with a good and substantial Locust Post, or other durable Wood, to be Six
Foot
under Ground at the least, and Five Foot above: As also such and
so many Posts, |
CHAP.
V.
Agreement
for the Purchase
of
Court-House
Lands, how
to be made,
or valued.
Their bounds
how to be
ascertained.
|
