Appendix-. 473

And be it also enacted, That if any such Surveyor shall neglect
or omit to try the Theodolite or Theodolites, and observe the Varia-
tion, at the Time, and in the Manner as by this Act is directed, or
shall survey or run out the Courses of any Lands with any other
Instrument than the County Theodolite, or that shall not make the
Allowance for Variation in running the Lines or Courses of any
Land, as by this Act directed, every such Surveyor, for every such
Neglect, Omission or Transgression, shall forfeit the Sum of Fifty
Pounds current Money, to be recovered by Action of Debt with
Costs, or by Indictment, One Half thereof to the Use of the In-
former, if any, and the other Half, if any Informer, or if none, then
the whole of such Forfeiture to the Use of the County where the
Recovery shall be had, to be applied towards the Discharge of that
County Levy.

And be it further enacted, That wherever in the Certificate of any
younger Survey, such Survey is said to run from any Tree, or to
begin in the Line of any elder Survey, and to run the same, or the
reversed Course or Courses of such elder Survey, or to run to and
then with any such Survey, or the reversed Course or Courses thereof,
or wherever in any such Certificate, it shall manifestly appear to be
the Intention of the Surveyor, to run such younger Survey with
the Line or Lines of any elder Survey, in all such Cases the Surveyor
shall make such Allowance in running the Lines of such younger
Survey as will adjoin the same to such elder Survey, according to
the original Design and Intention in making such younger Survey,
any Thing in this Act to the contrary notwithstanding.

And be it further enacted, That the same Allowance shall be made
by the Surveyor in running Lands held under Deeds of all Kinds,
which originally separated any Part of an entire Tract from the
whole, as on the Certificates of each original Survey, and under the
same Penalties as are directed by this Act with Respect to Certificates,
any Thing herein to the contrary notwithstanding.

And be it hereby enacted and declared, That whenever any marked
Stone, or other durable Boundary shall be set up at the End of any
Line of a Tract of Land, according to the Directions of this Act,
whoever shall remove, cut down or destroy any such marked Stone,
or other durable Boundary, shall incur the Penalty imposed on Per-
sons who shall cut down or otherwise destroy any boundary or
bounded Trees, either of his own Lands or of the Lands of any other
Person, by an Act of Assembly of this Province, entitled, An Act
for preventing the destroying of Boundaries or Bounded Trees, and
the Bounding of Trees, or setting up of Boundaries without lawful
Authority. And whereas this Act may induce many People to have
their Lands surveyed, whereby the true Bounds and Limits thereof
may be ascertained and perpetuated, which may make Discoveries
to Land-mongers and prying mischievous Persons of small Points