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54

Party sued in superior

Chap. XIX. 1st VICTORIA, A.D. 1837-8.-Third Session

under this Act, either vivâ voce or by way of answer in any written deposition, such false swearing shall be deemed to be perjury.

XII. And be it further enacted by the authority aforesaid, That in case any action or suit shall hereafter be brought in any of the superior Courts, Court or Judge to stay touching any question which might have been tried and decided before

Court, may apply to

proceedings;

Under what circumstances.

Party at whose instance

default in appearance,

how dealt with.

the said Commissioners, it shall and may be lawful for the defendant in such action to apply to the said Court, or to a Judge thereof in vacation, who shall, upon proof of the facts, upon affidavit to be duly sworn and laid before the said Court, or before such Judge as aforesaid, grant a rule of the said Court for the stay of all proceedings in such action, and for payment of the costs of and attending such rule by the Plaintiff in such action or suit, unless it shall appear to the Court or Judge, upon hearing the parties, their counsel or attorney in reply, that from the nature and circumstances of the question in dispute, it shall have been a proper case in the first instance to have been instituted in the superior Court.

XIII. And be it further enacted by the authority aforesaid, That if warrant issued, making the party at whose instance such warrant or precept shall have been issued as aforesaid, shall neglect or fail to appear at the sitting thereby directed to be held as aforesaid, or at any other sitting to be holden under the provisions of this Act, either in person or by Counsel, at which his presence shall be required, or shall otherwise make default therein, it shall and may be lawful to and for the said Commissioners, and they are hereby authorized and empowered to ascertain the Costs incurred therein, as well by such party as by the respondent; and the same Costs shall be recoverable from the party making such default, in the manner herein-before directed with respect to costs on judgment or decree.

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Respondent making default,

Judgment to be given ag ninst him:

Appeal to King's Bench or Court of Chancery, within what time, and Dow>

XIV. And be it further enacted by the authority aforesaid, That if the party respondent shall, in like manner, make default in appearing, either in person or by counsel, after he shall have been served with such warrant or precept as aforesaid, the same having been served at least four days previous to the day of sitting; and due proof upon oath having been given of such service, it shall and may be lawful to and for the said Commis sioners to proceed to judgment, and decree in the matter in dispute in such and the same manner in all respects as if the respondent were personally present.

XV. And be it further enacted by the authority aforesaid, That in case any person or District shall be dissatisfied with the judgment of the said Commissioners, it shall and may be lawful for him or them, at any time not exceeding six months from the date of such judgment or decree, (upor

court of King's Bench, alter, &c. the decision

or Chancery may revise

of the Commissioners;

giving fourteen days notice in writing of his intention to the party in whose favour such judgment shall have been given, and to the said Commissioners, who shall thereupon transmit to the proper officer of the Court, for the use thereof, a copy of their judgment, together with the said plan hereinbefore directed to be made, and the evidence taken before them the said Commissioners,) to appeal therefrom to the Court of King's Bench, or to the Court of Chancery of this Province, in the option of the parties; and or the Vice Chancellor, or Judges of the said Court of King's Bench, are hereby authorised and empowered to revise, alter, affirm or annul, the decision of the said Commissioners, or to order such farther enquiry to be made, or if he or they shall see fit to direct an issue to be tried at law, or may direct nu issue, touching the matter in dispute, and to make such orders and directions costs. therein for payment of costs and other matters respecting the same, as to him or them shall seem just and reasonable; and the decree of either of Decree final, the said Courts, to be given on such appeal, shall be binding and conclusive on all parties, their heirs and assigns, and on all Districts, and on all persons claiming or to claim by or under them or any of them.

and order payment of

Court may order extra

XVI. Provided always, and be it further enacted by the authority afore- If appeal frivolous, the said, That if any appeal appear to either of the said Courts to be frivo- costs, lous or vexatious, it shall and may be lawful for either of the said Courts to award such extra costs, to be paid by the Appellant, as to either of the said Courts shall appear reasonable.

Judgments of the Com

together with plan, &c.

and within what time.

with Registrar of County, and where.

XVII. And be it further enacted by the authority aforesaid, That Where no appeal, the every judgment and decision of the said Commissioners, in case there missioners to be filed, be no appeal against the same, shall be filed on the Records of the said in the Court of Chancery, Court of Chancery, within one calendar month from the expiration of the time of appealing against the same, together with the said Plan of the boundaries hereinbefore directed to be made; and the Judgment and Decree, and all orders of the said Courts of King's Bench and of Chan- Judgments, &c. to be filed cery, establishing any line or lines of boundary upon any such appeal, shall, together with said Plan, be filed with the Register of the County where such boundaries shall be situate, within six months after the determination and pronouncing of the same; and the said Registrar shall be entitled to a fee of one shilling and three pence, and no more, for entering the same of record; and a copy of the said Map, duly authenticated, copy of Plan, Judgment, and of all Judgments, Decrees and Orders, affecting any line or lines of &c. to be filed in Surveyor boundary, shall in like manner be filed in the Office of the Surveyor General of this Province, for public use and reference; and such final Order, Judg-published in Gazette, &c. ment or Decree, shall in all cases be published three times in the Gazette of this Province, and in a Newspaper of the District wherein such line

Registrar's Fee.

General's Office.

to bo

what to express.

shall be, if a Newspaper shall be published therein, and if not, in the Newspaper of the adjoining District.

XVIII. And be it further enacted by the authority aforesaid, That the Commissioners' surveys, Commissioners in all Surveys made by them, or under their direction, shall express the courses of lines according to the bearing of the compass, and also according to the true meridional line.

Where boundaries

established, Commissioners to place stone

monuments.

XIX. And be it further enacted by the authority aforesaid, That as often as any lines or boundaries shall be finally established by the Commissioners under this Act, it shall be their duty to cause sufficient Stone Monuments to be placed to mark such boundaries; and to award the exExpense thereof provided pense thereof to be paid by the parties, or either of them, as they may think just, and to enforce the payment thereof in the same manner as of costs and other expenses under this Act.

for.

Commissioners' fees.

Surveyor's fees.

Expenses of settling

Towns and Townships;

provided for.

XX. And be it further enacted by the authority aforesaid, That the said Commissioners shall be entitled to receive the sum of twenty shillings each, and no more, for every day they shall be occupied in travelling to, or returning from, and sitting at any place, for the purpose of hearing and determining any matter under the provisions of this Act; and every Surveyor who shall be employed by the said Commissioners shall be entitled to receive the sum of twenty shillings for every day he shall be necessarily employed as aforesaid, and that for the purposes of this Act a day shall be construed to be eight hours, and no less.

XXI. And be it further enacted by the authority aforesaid, That the Boundary Lines between costs, charges and expenses, attending the settling any boundary lines between any Towns or Townships in this Province, not being for the mere decision of a dispute between private parties, shall be borne and paid out of the District Funds of the District wherein such Towns or Townships lie; and the costs, charges and expenses, attending the settling of any boundary line between any Districts, shall be equally borne and paid out of the District Funds of the Districts the boundary lines between which Where District not to be have been settled: Provided that the District shall in no case be liable to the costs of any proceeding or appeal which shall not have been instituted at the instance of the Court of Quarter Sessions in and for the said District; and the said Court of Quarter Sessions are hereby empowered, when they shall see fit, to appoint a proper person to act in behalf of the sioners, and to be bound District before the said Board of Commissioners, and the District which such person shall so represent shall be bound by his acts, deeds and defaults, in the same manner as he himself, his heirs and assigns, would be bound if personally interested in the premises.

liable for costs.

Quarter Sessions to appoint proper person to act on behalf of District before Commis

by his acts.

Costs of District to be

XXII. And be it further enacted by the authority aforesaid, That it shall be lawful for the Justices of any District, in Quarter Sessions assem- levied by assessment. bled, to levy by assessment, to be made in the same manner and form as by Law any assessment now or hereafter may be levied, for any public purpose in any District of this Province, such sum and sums of money as shall be requisite to pay the costs and charges to arise, touching the disputed boundary or boundaries of such District; and the costs and charges of any appeal that shall be made to the decree of the said Commissioners, pursuant to the provisions herein before contained, so as that the amount of the Assessment to be made shall not exceed the one-eighth part of a penny per acre, in any one year.

Amount of rate.

XXIII. And be it further enacted by the authority aforesaid, That commissioners' oath. upon entering upon the duties imposed and required by this Act, the said Commissioners, and each of them, shall take and subscribe the following oath, which any Justice of the Peace is hereby authorised and required to administer. I, A. B., do hereby swear, that I will faithfully and to the best of my skill and understanding, discharge the duties of one of the Boundary Commissioners of the District of , according to the Statute in such case made and provided.

XXIV. And be it further enacted by the authority aforesaid, That in Form of Proceedings. the proceedings of the said Commissioners the annexed forms shall be used.

XXV. And be it further enacted by the authority aforesaid, That this Act in force four years. Act shall be and continue in force for and during the term of four years, and from thence to the end of the then next ensuing Session of Parliament, and no longer.

Form of Warrant or Precept.-Boundary Commissioners.

District of

District of

by

You are hereby summoned and required to be and
appear before the Boundary Commissioners of the Warrant
-, at a Board to be held at
in the Township of

of the clock in the forenoon of — the

day of

Herein fail

to answer the claim of -, touching the line of boundary between
lots and, belonging to you and the said
not as judgment will be given against you for default.
Witness my hand this

To Mr.

H

day of, eighteen hundred and ———.
A. B.

Commissioner.

Subprent,

District of

Form of Subpana.-Boundary Commissioners. Between C. D. Claimant, E. F. Respondent, You are hereby summoned and required to be and appear before the Boundary Commissioners of the District of Board to be held at in the Township of —

at

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on the -day ofof the clock in the forenoon, to testify the truth accor ding to your knowledge, in a certain claim then and there to be tried, between Respondent, on the part of the Herein fail not at your peril. Witness A. B., one of the Commissioners, this

To Mr.

Claimant, and

day of

eighteen hundred and

A. B.
Commissioner.

Form of Warrant to Levy.-Boundary Commissioners.

District of

Warrant to levy.

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day of

You are hereby authorised and required to make of the goods and chattels of — in the said District, the sum of, Provincial Currency, to satisfy the costs of a Judgment given by the said Commissioners, at a Board held on the -, at the suit of, in the claim heard between the said and and should there be any overplus, after deducting the legal expense of the seizure and sale, you are to return the same to the said and you are to certify to the said Commissioners, on the what you shall have done in the execution thereof. Herein

day of
fail not.

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Oath of Witness.

Bailiff's fees

Form of Oath to be administered.

The evidence which you shall give to the Commissioners touching the matter now upon inquiry, shall be the truth, the whole truth, and nothing but the truth. So help you, God.

CHAP.

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