| 1720.
Commissioners of
review to appoint
a time for parties
to appear, &c. |
APPENDIX.
4. AND BE IT FURTHER ENACTED, by the authority
aforesaid, by
and with the advice and consent aforesaid, That the said commissioners
of review, or any two of them, after application to them
made by any complainant or complainants, defendant or defendants
as aforesaid, shall appoint a certain time, not exceeding sixty days
after such application, to go upon the land or lands in dispute, and
having given due notice thereof to the contending parties to appear
and make good their several allegations, shall then and there proceed
with all convenient speed to review the bounds of the lands so
ascertained, and upon mature consideration of the allegations of
the parties, examination of evidences and running the lines of the
said lands or any other adjacent lands for their better information,
reverse or confirm the judgment, order and decree of the land
commissioners aforesaid, and give such judgment therein as the
case shall require. |
—To assess the
costs and and award
execution
therefor, &c.
If reversal of
judgment to make
boundaries, &c. |
5. AND BE IT FURTHER ENACTED by the authority
aforesaid, by
and with the advice and consent aforesaid, That it shall and may
be lawful for the commissioners of review, upon confirming any
judgment of the land commissioners to assess the costs and award
execution for the same against the appellant, but upon a reversal
of such judgment aforesaid, that it shall and may be lawful for
the said commissioners of review to mark or cause to be marked,
such other boundaries to the land or lands in dispute as to them
shall seem meet, and cause three fair plots and certificates thereof
to be made by the surveyor, one for each of the contending parties,
and the other to be entered in a sufficient book to be procured at
the charge of the respective counties, for that purpose, and lodged
among the records thereof, and to assess not only all such costs
and damages as may have accrued upon the review, but also all
costs and damages which the appellant expended or suffered by the
judgment, order, or decree of the land commissioners as aforesaid,
and order execution thereon against the defendant. |
—To put appellant
in possession
of land, &c.
|
6. AND BE IT ENACTED, by the authority
aforesaid, by and with
the advice and consent aforesaid, That upon any such reversal and
ascertaining the bounds of any land as aforesaid, it shall and may
be lawful for the commissioners of review to put the appellant or
appellants into quiet possession of the lands and tenements contained
within the said bounds, with a saving to all persons who
may have a better right to all or any part of the said land, whether
by superiority of title, or priority of survey, which also shall
be a rule to the land commissioners of the first view, any thing in
this or the former act to the contrary notwithstanding. |
Their judgment
to be final. |
7. AND BE IT ENACTED, by the authority,
advice and consent
aforesaid, That the judgment, order and decree of any commissioners
of review, as aforesaid, shall be final, saving to all persons
their right of appeal to England, in such cases and in such
manner as the laws of Great-Britain and this province allow of. |
—When related
to any of the parties,
&c. freeholders
to be called in,
&c. |
8. AND BE IT FURTHER ENACTED, by the authority
aforesaid,
by and with the advice and consent aforesaid, That in case any of
the commissioners of review should be related to any of the contending
parties, or be any ways interested in the lands in dispute
before them, or should die, or should have been a judge before on
the determination of the bounds of any such lands, then in such
cases it shall and may be lawful for the commissioner or commissioners |
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