Appendix. 475

House, or other valuable Houses, shall have and hold all that Part
of such Tract of Land, which would otherwise be taken away by
the Allowance for Variation, by the same Title that he hath in and
to his other Land, out of which it shall be taken, he paying to the
Person or Persons, within the Lines of whose Lands such Dwelling-
House or Houses may be included, a reasonable Price for such Land,
exclusive of said House or Houses; and in Case Diversity of Senti-
ment should arise between the Owners of such neighbouring Tracts,
about the reasonable Value of such Land,

Be it enacted, That in all such Cases it shall and be lawful, for the
Person or Persons in Possession, to name Six Arbitrators out of
the most respectable Inhabitants in that Part of the County where
the Lands lie, not of Kin to either of those who may be interested;
out of which, There shall or may be struck by the Person or Persons
into whose Survey the same Land and Improvements would fall,
and such Arbitrators so struck as aforesaid, shall finally settle and
adjust such Difference as aforesaid, and set a Price on the Lands,
exclusive of Improvements aforesaid: Upon Payment or Tender,
and Refusal whereof, the Possessor of such Lands shall, by Force
and Virtue of this Act, be seized of and entitled unto the same Estate
therein, as he, she or they, may have in his, her or their Land, out
of which the same shall be so taken.

And be it further enacted, by the Authority aforesaid, That in
Case any Tract, or Part of a Tract of Land, shall, by Means of the
Allowance given by this Act for Variation, become vacant, the
Person or Persons, to whom the same belonged, or within whose
Lines it was included, according to the Direction of the Needle
before such Allowance given, shall have the Preemption thereof,
without being obliged to pay for the Buildings, or other Improve-
ments that may be found thereon; provided always, that if such
Person or Persons, do not survey and take up such Vacancy within
Twelve Months after Discovery and Notice given to him or them
thereof, that then it shall and may be lawful for any other Person
to survey and take up the same; provided always, that wherever such
immovable Improvements, as aforesaid, which shall happen to be
taken into any other Survey, or be left upon vacant Land as afore-
said, shall be the Right of a Minor or Minors, the legal Guardian
of such Minor or Minors shall pay the Value of the Land as afore-
said, or take up and secure the same, as the Case may happen, on
Behalf of the said Minor; and if the Profits of the said Minor's
Estate, over and above the Maintenance of such Minor or Minors,
will not be sufficient to reimburse such Payment or Expences of
taking up and securing such Land, the said Minor or Minors shall
be liable to his, her or their Guardian therefor, when he, she or
they, shall arrive at full Age, any Thing herein before contained to
the contrary in any wise notwithstanding.