Chap. 87.—An ACT for Processioning and Settling the Boundaries of
q vands in this Commonwealth.

Passed February 27, 1866.

1. Be it enacted by the general assembly, That the court
of every county or corporation in this commonwealth, in
which the records of deeds and wills have been lost or de-
stroyed, either in whole or in part, and the courts of such
other counties as may deem it necessary, shall divide their
counties or corporations into so many precincts as to them
shall seem most convenient, for processioning the lands of
all persons in such counties, or in such portion of said coun-
ties ag to such courts may seem proper; and shall appoint
the particular times when such processioning shall be made
in every precinct; and shall also appoint three or more in-
telligent, honest frecholders of every precinct, to see such
processioning performed, and to take and return to the said
court an account of every person's land they shall procession,
and of the persons present at the same; which return shall
be in the following torm:

| Description and marks |

Date of processioning. | Owners of land. | of curucrs, &c.

Persons present.
e

a i ee

ns

a ee ee ee ee ee —

A copy of which order shall be delivered by the clerk of
every court, respectively, to the sheriff. to be served on the
freeholders so appointed, within fifteen days after the making
thereof: and the said freeholders shall cause the same to be
obeyed in every particular, and shall cause to be given, in the
most public manner, and in the most public places in their
county, by publication in the newspapers or otherwise, at
least three weeks before the same is performed, of the time
appointed by them for processioning in each precinct; and
shall also cause to be served, in the manner prescribed by
law, a like notice upon any person whose Iands may be
affected by such processioning. Each processioner shall be
allowed, by the court of his county, one dollar for every day
he shall be employed; and in the case of the death, resigna-
tion or removal trom oflice, or failure to act, of any such
processioners, the court of the county where such vacancy
shall happen, shall appoint a successor; and every county
court shall make a reasonable allowance to its clerk for the
services to be performed by him, by virtue of this act; which
allowance, together with other necessary expenses incurred
in the execution of this act, not otherwise provided tor, shall
be levied in the next county levy. '

2. The said processioners, whenever they deem it neces-
sary, or when any party in interest may require it, may em-
ploy the county surveyor, or any other surveyor designated
by the court, to run such lines, and make such plats, reports
and surveys as they may deem necessary: and whenever any
party in interest requires it, the said processioners shall re-
turn to said court a plat and survey of any land processioned
as aforesaid; and any party interested may contest the cor-
rectness of the processioning, and have the same tried by 8
jury, in the same manner and with the same right of appeal
or supersedeas as if it was an action of ejectment: provided,
that the issue to be made up and tried shall be, ‘“ Whether
the processioning of the land in controversy is in accordance
with the true boundaries of said land; and, if not, what are
the true boundaries ?” upon the trial of which issue, all the
evidence shall be admitted which would be admissible if it
were an action of ejectment: and provided further, that the,
party contesting such processioning shall give legal notice, to
any adverse party in interest, of his purpose so to do, and the
costs of all surveys, plats and trials shall be paid by the par-
ties, or such of them, and in such proportions, as the court
may direct.

3. The reports of said processioners, and the plats and
surveys, as established upon the trial of any controversy
arising thereon, shall be recorded in a book to be kept for
that purpose by the clerk; and the same shall be evidence of
the boundaries of any such lands in any future controversy
in regard to them, and shall have the same effect in law as if
they were deeds duly recorded according to the registry acts
of the state: the costs of such recordation to be paid by the
parties interested therein; and said processioners shall have
the power to summon and swear witnesses; and false swear-
ing before them or either of them shall be perjury.

4, If any such lands shall lie in two or more counties, the
processioning shall be done by the processioners of that
county in which the greater part of said land may he; and
the report, plat and survey of the whole tract shall be re-
turned to and recorded in each county in which any portion
of such land shall lie.

5. The court of each county shall direct in its order what

recinct or precincts each processioner shall attend and _ per-
orm the processioning as aforesaid; and the sheriff is re-
quired, when requested by said processioners, to attend them
and remove force, if any should be offered; and tor this pur-
pose, the sheriff is authorized to summon the posse comitatus
of his county.

6. Provided always, that the processioning and settlement
of the bounds of land held by any tenant for life only, shall
not bar or conclude the reversioner or remainderman; but such
a#eversioner or remainderman may,at any time within five years
after the death of the tenant for life, controvert the bounds,
as if no processioning had been made; and that the proces-
sioning and settlement of the bounds of lands belonging to
any person, then being within the age of twenty-one years,
feme covert, non compos mentis, imprisoned, or not resident
within this commonwealth, shall not be conclusive to such
person or persons until five years after their respective inca-
pacities or disabilities shall be removed or determined: and
provided further, that no appointment of processioners shall
be made by any county or corporation court until all the
acting justices thereof have been summoned for that pur-

ose, nor unless a majority of them shall be present.

7. This act shall be in force from its passage, but shall not
bar or in any way interfere with any action of ejectment or
unlawful entry or detainer now pending, or which may be
brought before the processioners shall have gone upon any
tract of land for the purpose of processioning the same.
Chap. 87.—An ACT for Processioning and Settling the Boundaries of
q vands in this Commonwealth.

Passed February 27, 1866.

1. Be it enacted by the general assembly, That the court
of every county or corporation in this commonwealth, in
which the records of deeds and wills have been lost or de-
stroyed, either in whole or in part, and the courts of such
other counties as may deem it necessary, shall divide their
counties or corporations into so many precincts as to them
shall seem most convenient, for processioning the lands of
all persons in such counties, or in such portion of said coun-
ties ag to such courts may seem proper; and shall appoint
the particular times when such processioning shall be made
in every precinct; and shall also appoint three or more in-
telligent, honest frecholders of every precinct, to see such
processioning performed, and to take and return to the said
court an account of every person's land they shall procession,
and of the persons present at the same; which return shall
be in the following torm:

| Description and marks |

Date of processioning. | Owners of land. | of curucrs, &c.

Persons present.
e

a i ee

ns

a ee ee ee ee ee —

A copy of which order shall be delivered by the clerk of
every court, respectively, to the sheriff. to be served on the
freeholders so appointed, within fifteen days after the making
thereof: and the said freeholders shall cause the same to be
obeyed in every particular, and shall cause to be given, in the
most public manner, and in the most public places in their
county, by publication in the newspapers or otherwise, at
least three weeks before the same is performed, of the time
appointed by them for processioning in each precinct; and
shall also cause to be served, in the manner prescribed by
law, a like notice upon any person whose Iands may be
affected by such processioning. Each processioner shall be
allowed, by the court of his county, one dollar for every day
he shall be employed; and in the case of the death, resigna-
tion or removal trom oflice, or failure to act, of any such
processioners, the court of the county where such vacancy
shall happen, shall appoint a successor; and every county
court shall make a reasonable allowance to its clerk for the
services to be performed by him, by virtue of this act; which
allowance, together with other necessary expenses incurred
in the execution of this act, not otherwise provided tor, shall
be levied in the next county levy. '

2. The said processioners, whenever they deem it neces-
sary, or when any party in interest may require it, may em-
ploy the county surveyor, or any other surveyor designated
by the court, to run such lines, and make such plats, reports
and surveys as they may deem necessary: and whenever any
party in interest requires it, the said processioners shall re-
turn to said court a plat and survey of any land processioned
as aforesaid; and any party interested may contest the cor-
rectness of the processioning, and have the same tried by 8
jury, in the same manner and with the same right of appeal
or supersedeas as if it was an action of ejectment: provided,
that the issue to be made up and tried shall be, ‘“ Whether
the processioning of the land in controversy is in accordance
with the true boundaries of said land; and, if not, what are
the true boundaries ?” upon the trial of which issue, all the
evidence shall be admitted which would be admissible if it
were an action of ejectment: and provided further, that the,
party contesting such processioning shall give legal notice, to
any adverse party in interest, of his purpose so to do, and the
costs of all surveys, plats and trials shall be paid by the par-
ties, or such of them, and in such proportions, as the court
may direct.

3. The reports of said processioners, and the plats and
surveys, as established upon the trial of any controversy
arising thereon, shall be recorded in a book to be kept for
that purpose by the clerk; and the same shall be evidence of
the boundaries of any such lands in any future controversy
in regard to them, and shall have the same effect in law as if
they were deeds duly recorded according to the registry acts
of the state: the costs of such recordation to be paid by the
parties interested therein; and said processioners shall have
the power to summon and swear witnesses; and false swear-
ing before them or either of them shall be perjury.

4, If any such lands shall lie in two or more counties, the
processioning shall be done by the processioners of that
county in which the greater part of said land may he; and
the report, plat and survey of the whole tract shall be re-
turned to and recorded in each county in which any portion
of such land shall lie.

5. The court of each county shall direct in its order what

recinct or precincts each processioner shall attend and _ per-
orm the processioning as aforesaid; and the sheriff is re-
quired, when requested by said processioners, to attend them
and remove force, if any should be offered; and tor this pur-
pose, the sheriff is authorized to summon the posse comitatus
of his county.

6. Provided always, that the processioning and settlement
of the bounds of land held by any tenant for life only, shall
not bar or conclude the reversioner or remainderman; but such
a#eversioner or remainderman may,at any time within five years
after the death of the tenant for life, controvert the bounds,
as if no processioning had been made; and that the proces-
sioning and settlement of the bounds of lands belonging to
any person, then being within the age of twenty-one years,
feme covert, non compos mentis, imprisoned, or not resident
within this commonwealth, shall not be conclusive to such
person or persons until five years after their respective inca-
pacities or disabilities shall be removed or determined: and
provided further, that no appointment of processioners shall
be made by any county or corporation court until all the
acting justices thereof have been summoned for that pur-

ose, nor unless a majority of them shall be present.

7. This act shall be in force from its passage, but shall not
bar or in any way interfere with any action of ejectment or
unlawful entry or detainer now pending, or which may be
brought before the processioners shall have gone upon any
tract of land for the purpose of processioning the same.