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Proceedings and Acts of the General Assembly, March 1697/8-July 1699
Volume 22, Page 483   View pdf image (33K)
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Assembly Proceedings, June 29-July 22, 1699. 483

agt the Rt Honble the Lord Proprietor his heires and Successors
att the Granted Rent without any Alteracon by reason of the
words more or less. And if the said Markt tree may be
Attained by adding of fifty p Cent to every hundred perches
of the said Line which leads to it the Owner of Such Land
shall hold that hould that Surplusage against any later Taker
up That is to say all between the said Trees against the Lord
Proprietor paying Arrears of Rent att Two pence p pound in
Tobbacco, but if the fifty p Cent will not Attaine the second
tree it is out of Measure unreasonable and then the Owners
of Such Land shall be Concluded by his precise number of
Perches as if he had never any second Markt tree And if in
either the former Cases or any other Case where the afore-
said fifty per Cent will attaine the Second Tree so as by this
Act the Owners may hold the Surplusage the Second line is
drawn from the second tree, the Iust length, as for Example
for one hundred Acres A line from the first tree be mentioned
North one hundred perches to the second Markt tree but is
really one hundred and fifty Perches and then from the Second
tree a line is drawn East one hundred and Sixty perches the
Just length then from the End of the said East line a line is
Drawn South one hundred Perches but no Markt tree there
Exprest It will leave a Gore betwixt a Line drawn, West to the
first tree and the end of the hundred perches South in all
Such Cases by Virtue of this Act the third line shall be
Extended of Equall Length with the first and the fourth line
shall be paralell with the Second as in the first Example
demonstrated that the Tract of Land may be Square and one
and the Same being laid out Backward or forward But if in
the Certificate of Survey it be Expressed in the third line a
Certeine Course and Number of Perches and then or from
the end thereof or such like Synonimous Expressions with a

Lib. L. L.

p. 210

Straight line to the first bounded tree such Streight line shall
be the bounds thereof although the 3d line be not of Equall
Length with the first and if any 2d or later taker up of Land
have taken up the said Gore or Land that may include it and
not Improved or built thereon the owner of the first Tract
shall pay him his reasonable Charge Expended in takeing up
the same and reimburse him all the Rent payd for the same,
and the first Owner shall intirely hold the full Square paying
his Lordship his Succeeding Rent for the Surplusage but if
the taker up of the said Land or Gore including it have built
thereon, he shall not be lyable to an Action of Trespass, But if
in Case the Owner of the first Tract do not agree with him
about paying him for his Improvement, then the taker up of
the Gore shall for the Improvements Sake hold it such number
of Years not Exceeding fourteen Years to Come as a Iury of

p. 211



 
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Proceedings and Acts of the General Assembly, March 1697/8-July 1699
Volume 22, Page 483   View pdf image (33K)
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