Assembly Proceedings, June 29-June 22, 1699. 487

sects the Cove how farr that Tract shall be bounded by the
Cove and then att the Intersection the South line shall be
begun and Continued till it Intersects a Line drawn East to
the first Tree and in the fourth Example aforesaid allways Pro-
vided the South line be not fifty p Cent more then it ought to
be but if the South line be fifty p Cent more then it ought to
be then the South line shall be the bounds and not the Creek or
Cove and if the South line go to the Westward of the first Tree
then the East line afores^d shall be further Extended that the South
line may att least Come to the beginning Tree. In all Cases
where positive Eye Wittness canot be had, their Tradition all
Evidence Viva Voce Concurring with and agreeable to record
shall be Accounted good Proof declareing from whom they
had their Tradition and not Affirming any Markt Tree or
Bounds other then or differing from what is Exprest on
Record and where the first Markt Tree is wanting and the
beginning Canot be reasonably Proved but yett a second or
third Markt tree is found the tree so found shall rule the
bounds of the whole Tract according to the rules of this Act
mentioned or hereafter to be mentioned where a man holds a
Peninsula or Neck of Land and have Severall Markt or lined
Trees upon the Points or Capes of his Tracts which do not
very Exactly agree in Course or Distance and yet by good
Evidence prove his Exterior bounds and the whole neck as it
is Comonly Called or Peninsula be granted to him there all
things shall be favourably Interpreted to his holding the whole
neck ag^t any later taker up although he hath built and Im-
proved because it is unreasonable a second Taker up for a
Small Skirt of Land shall have the same advantage of Range
as the other but yet if the Second taker up be ejected the
first shall not have any Action of Trespass against him

Lib. L. L.
p. 216

Except the Court which Gives Judgement upon the Titles
being the Same Court That Judgment is given and not after
in due forme moved all on such Action to be brought upon
the Consideration of the reasonableness of the Matter and
that is humbly prayed to be thus Enacted, Because Such
Peninsula or Necks of Land do not fall under any Ordinary
Rule of Regulation Provided that nothing be Allowed of
which is directly Contrary to any other rule of Regulation or
Clause of this Act, And if any Tract of Land be Described to
begin att the upermost or Lowermost Marked Tree of an
other Tract when the Record of the former Tract mentions
not any Tree markt for the upermost or lowermost Bounds
thereof in all Such Cases the second Tract shall begin where
the upermost or Lowermost Bounds of the first Iract Termi-
nates by this Act Except it can possitively and very Strongly
by good Wittness be proved that the Surveyor and not the

p. 217