Assembly Proceedings, June 29-July 22, 1699. 485

and all such Tracts in Cases Paralell, because that Generally
takers up of such Backward Land have so allowed the Tracts
fronting the River to Lye and that with good reason and as
for the reasonableness of it it Canot be otherwise Enacted so
if it should be otherwise Enacted it would make a General
Confusion in all backward Lands bounded first upon the fron-
tier Tracts and then one upon another and in the Cases afore-
said, although there be a great Variation, betwixt the prescribed
Course and the Reall Course from the first to the Second
Tree, Yet all the Land betwixt the said Trees, by its generall
bounding on the Water shall be adjudged part of the said
Tracts and afterward from the Second Tree it shall be deter-
mined by Lines as aforesaid as in the fifth and Sixth Example.
And if a Tract of Land be layd out for a Certein number of
Acres on such Courses which though the Length of the lines
yett the Acuteness of the Angles will not make the Certein
Number of Acres Yet the Tract shall be Confined by such
Bounds as Supposing the first line be North fifty perches and
north East or North North East or the like Eighty perches and
so paralell and yett the Owner shall be Contented and all
Latter Surveys adjoyning to such Lines shall be good as in

the 7^th Example And if any man have a greater number of

Perches Given him in length or in breadth by Express Words
then he ought to have yet he shall hold the same against any
Latter taker up and against the Lord Proprietor Rendring
Rent as Suppose North fifty Perches then East Eighty Perches
and so lines Paralell for one hundred Acres as in the Eigth
Example Every man That hath an Island Intirely granted unto
him altho he have Surplusage shall hold the same although
lines or Courses or Number of Perches be not Rightly Exprest
to Conclude the same against any later taker up and against
the Lord Proprietor Rendring Rent If his Lordship shall for
discovery of such rent Cause the same to be resurveyed, and
his Lordship his heirs or Successors shall not for any Surplus-
age intirely Damn or Confound any Pattent upon pretence of
being deceived in his Grant or any other pretence because
every man had Land granted him, in Consideration that by
performing Condition of Plantations it was due to him Except

Lib. L. L.

p. 213

where his Lordship hath Granted any Lands Ex mero Motu
de Gratia Especiali And whereas by this Act is Provided
that if any man hold fifty p cent above his number of Perches
betwixt his known bounds he shall Maintaine the Same against
any later taker up &c. And will not resurvey his Land in Due
time, but that the Lord Proprietor grant the Surplusage to
another yet if the first Taker up have Seated his Plantation and
made his Improvement after the Certein number of Perches is
Determined Yet the Surplusage shall not be said to be there

p. 214