Chap. 231.—An ACT to provide for the processioning of lands in the county
of Sussex. [S B 133]

Approved March 26, 1938

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. The Circuit Court of the County of Sussex, or the
judge thereof in vacation, may, if the board of supervisors of said
county shall so direct by resolution approved by a majority of all of
its members by a recording yea and nay vote, divide the county into
so many precincts as to it shall seem most convenient for procession-
ing the lands of all persons in said county, or in such portion of said
county as the said board of supervisors may so direct; and shall ap-
point the particular times when such processioning shall be made in
every precinct; and shall also appoint three or more intelligent, honest
freeholders of every precinct, to see such processioning performed, and
to take and return to said court an account of every person’s land
they shall procession, and of the persons present at same; which re-
turn shall be in the following form:

DESCRIPTION AND MARKS
OF CORNERS, ETC.

DATE OF

E LAND
PROCESSIONING OWNERS OF aS

PERSONS PRESENT
A copy of which order shall be delivered by the clerk of the court 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, notice 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
lands may be affected by such processioning. Each processioner shall
be allowed by the court, or the judge thereof in vacation, such rea-
sonable compensation as the said board of supervisors may fix for
every day he shall he employed; and in case of the death, resignation
or removal from office, or failure to act. of any such processioner, the
said court, or the judge thereof in vacation, shall appoint a successor;
and the said court, or the judge thereof in vacation, shall make a rea-
sonable allowance to its clerk for the services to be performed by
him by virtue of this act, which allowance. together with other neces-
sary expenses incurred in the execution of this act, not otherwise pro-
vided for, shall be levied in the next county levy.

Section 2. The processioners, whenever they deem it necessary,
or when any party in interest may require it, may employ a surveyor
to be 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 return to said
court a plat and survey of any land processioned as aforesaid: and
any party interested may contest the correctness of the processioning,
and have the same tried by a jury, in the same manner and with the
same right to a writ of error or supersedeas as if it was an action of
rejectment: and 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”’,
and upon the trial of such issue, all the evidence shall be admitted,
which would be admissible if it were an action of rejectment. The
party contesting such processioning shall give legal notice to any ad-
verse party in interest. of his purpose so to do, and the cost of all
surveys, plats, and trials shall be paid by the parties, or such of them,
and in such proportions as the court may direct.

Section 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 boundary 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 ac-
cording to the registry acts of the State: the cost of such recordation
to be paid by the parties interested therein; and the said processioners
shall have the power to summon and swear witnesses, and false swear-
ing before them, or either of them, shall be perjury.
_ Section 4. The said court, or the judge thereof in vacation, shall
direct in its order what precinct or precincts each processioner shall
attend and perform the processioning therein as aforesaid; and the
sheriff is required, when requested by said processioners, to attend
them and remove force, if any, should be offered; and, for this pur-
pose, the sheriff is authorized to summon the posse comitatus of his
county. :

Section 5. Provided that the processioning and settlement of the
bounds of land held by any tenant for life only, shall not bar or con-
clude the reversioner or remainderman; but such reversioner or re-
mainderman may, at any time within five years after the termination
of such life estate, controvert the bounds, as if no processioning had
been made. Provided further, that the processioning and settlement
of the bounds of land belonging to any person, then being within the
age of twenty-one years, non compos mentis, imprisoned, or non-
resident within this Commonwealth, shall not be conclusive as to such
person or persons until five years after their respective incapacities
or disabilities are removed or determined.