Assembly Proceedings, June 29-July 22, 1699. 489

he first Give Notice to the Owner of that Land whose Bound
such Tree is, and there in his presence Either Plant other
Sufficient Locust or Cedar Post or Stone or Stones in the
Stead and place of that Tree under the Penalty of Six pounds
Sterling to be paid to the Party whose Bounds the said Tree
. was to be recovered by Action of Debt &c. And it is hereby
made Lawfull for every man haveing such Tree or Trees
within an other mans Land and haveing a Speciall Warrant of
Resurvey or Order of Provinciall Court for resurvey, or order
of County Court for Resurvey of their Land to Ascertein his
Bounds having Asked leave and being denied with Surveyor
Iury Wittnesses and Chain Carriers go on Such Land whereon
or wherein his Marked tree stands and from such Marked
Tree Measure his Course and distance required Provided he
makes all ffences as good and tight as they were found and
that he nor any one along with him in Measuring the Same
do not Manifest Damage Detriment or harm to the
Owner of the Land where on they goe or if Accident-
ally any damage happen that then in such Cases he
proffer and within three days make repairation and Amends
And be it Enacted by the Authority aforesaid That no
man shall have Ten p Cent Given him to the precise Number
of Perches Except it be by that Addition of Ten p Cent to
reach to a Markt Tree or other Naturall Bounds but if he

Lib. L. L.

have no Markt Tree or Naturall Bounds he shall not take
ten p Cent to the Damage of any Latter Survey, begin of
from the first Survey and run Towards it and there be ten
p Cent betwixt the end of the precise Number of Perches the
first taker up shall Enjoy it and in all Such Cases if tenn p
Cent Added to both will make their Land to bound on each
other no third pson shall take up or hold any Land betwixt
them. And be it Enacted &c. That if any man hold Land by
a River or Creek Side Yet so as there lies Marsh betwixt the
firme Land and the River such adjacent Marsh shall not be
taken up or being allready taken up by any other shall not be
held but such Adjacent Marsh shall be Deemed & adjudged
Absolutely to belong to the Land to which it is Adjacent and
be bounded by the same Courses drawn from the firm Land
into such River or Creek as the firme Land is bounded by,
Except in Somersett County and upon Delaware and the
Ocean. And be it Enacted &c. That if any man hold Land
which is bounded or Exprest to be bounded by a Line drawn
from a Certein Tree or other individuable Point of Intersections
a Certein Course, to a Certein Markt Tree in the Woods and
the said Tree or Trees do not Correspond to the said Certein
Course or Courses but that the Courses and Trees differ very
much as it is too Comon and that the Courses prescribed give

p. 220