Page:Petty 1851 The Down Survey.djvu/276

 is admitted by the supposed perfect list, all those allottees whose proportions touch the same shall be guilty of that omission; and if but one allottees proportion touch the same as aforesaid, then the said allottee, by reason of the said omission, is removeable; but if there be more then one, in such case one of them is to bee chosen by lott, who, by removall, is alone to suffer for the whole, except it can bee made appeare that at the time of the said distribution some claime was entered uppon the publicke booke of the civill survey, or that some order of suspension from the Councill bee produced, which might be a reason and excuse for the said omission.

5thly. That all possessions taken by deficients of surplusages in lands, without lotts drawne for the speciall county, barrony, and denomination where such possessions are or shall be, without publication of the allottment before hand, and freedome for all others in the like cases to the like lotts, bee utterly voyd.

Wee further propound that after the exspiration of the two moneths appointed for bringing in the surveyes and desires of continueing each man in his respective possession, that another time be appointed for those who shall make the said desires to prove that the said possession were allowed to them in the former distribution, and withall to answer such charge of injuriouse irregularityes which may be made against the same.

Having thus framed a supposed perfect rule of distribution, as allsoe rules whereby to reject some of the former distributions totally, and withall to distinguish the designed and injuriouse irregularityes committed within other distributions, allthough allowed of in generall, and having propounded the persons by whome and the places where this whole affaire is to bee transacted in itts severall parts respectively, itt is lastly propounded that all omitted cases not reducible to the above proposalls, and that the interpretation of all ambiguityes uppon the said proposalls themselves, bee referred to the afforesaid Commissioners, as such in whose determination your petitioners are contented to acquiesse.

Now, allthough your petitioners are not ignorant that the right of making a survey is in your Lordshipps, and that the Act of Parliament giveth your Lordshipps clear power to decide controversyes between adventurer and adventurer, nevertheless your petitioners humbly desire that out of tender regard to the confusions wherein they are involved, and to the severall and repugnant interests which are or may be among them, that your Lordshipps would be pleased to exercise your said authority soe far as may bee without prejudice to