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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Appendix 11   View pdf image (33K)
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APPENDIX. XI.

    Be it enacted, that the governor for the time being, may constitute and appoint one discreet person to be examiner of the said county, and to do therein as to such office belongs, &c. takeing for his fees for every such certificate, fifty pounds of tobbacco, if the same be for five hundred acres or under, and one hundred pounds of tobbacco, if the same be above five hundred acres, and the examiner shall keep a fair book, and record the certificate and plat.

    And be it enacted, &c. that if any person hold a tract of land, which on any line, is said to run a certain course and certein number of perches, to another man's land, and that certein number of perches, and fifty per cent added on the same course to that line, do not come to the said land, yet the number of perches give the quantity of land which the taker up had due to him, he shall be contented with his precise number of perches, and shall not extend his line further to the damage of any latter survey, although his survey be said to be bounded by the other mans land, but the land betwixt, being surveyed by common warrant shall be sure to him that surveyed it, provided that is not allready taken up, he shall have a year and day from the publication of this act, to take it up by common warrant, except in such cases as falls under the regulation of the eleaventh example. And if any owner of land perceiving that he hath more breadth betwixt his trees, which gives him more land then was due to him att first, have allready whilst he was owner of the first tract by common warrant, taken up the surplusage, he shall by virtue of such survey, and his Lordship's grant hould the same according to his grant, notwithstanding the said land seem to have been formerly surveyed, but there shall not be made any other line then is expressed in the record of survey to joyne the land together. And be it further enacted &c. that no warrant or grant to alter any survey upon pretence that the surveyor hath not taken up the intended land, or was mistaken in prescribing his courses, or any the like pretences, shall take effect or be good in law, to the altering the bounds of any land to the damage of any later taker up, that hath seated and improved where the area of such first survey includes considerable land of any quality, and hath but one markt tree, but where such area includes no land att all but water; there the mistake was manyfest and it shall be adjudged in case of difference according to the intent of the surveyor manifestly so proved and adjudged notwithstanding. If any man have two well known trees by the water side, markt for his breath of land, and hath seated, improved, and paid rent, and quietly for seaven years enjoyed the land betwixt the said trees, and yet by some error, or mistake in the surveyor, or clerk, the said land is exprest in the body of his grant or patent, to begin at one of the

 

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Appendix 11   View pdf image (33K)
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