Volume 73, Appendix 12 View pdf image (33K) |
XII. APPENDIX. said trees, and run to the other; but the line prescribed runs
directly contrary (that is to say) in runing up the said river,
creek &c. instead of down the river, creek &c. or down
instead of up to the second tree, and leave out the intended land
where such mistake is manifest; and the first taker up hath
as aforesaid, seated and improved betwixt the said trees, and
never claimed other land by virtue of the grant but the land
betwixt the said trees, the first taker up shall enjoy it as if no
such mistake had been, and if there be any other errors in his
back lines, it shall be regulated as in like cases, is before
exprest for other land and the second taker up may by virtue of
this act and his lordships favour make use of his warrant else
where, and the first taker up shall reimburse the second his
reasonable charge for letting his survey fall to be adjudged by
the county court upon his petition or motion, the first taker
up being first called and heard, and after such judgment,
award execution by fiere facias, or attachment; but yet if such
second survey have been made above seaven years before this
present sessions and hath been seated and improved by the
second taker up, and never yet seated and improved by the first
take up or his assignes, then the first taker up, and not the
second, shall be putt to seek for the benefitt of his warrant
elsewhere, and this word up the river, creek &c. instead of
down, or down instead of up, shall not vitiate any grant or
deed by which land is conveyed from one man to another, where
the rest of the words in the said grant or deed manifestly imply
it only to be a mistake, and the first taker up shall rectifiy
his survey, and take a new grant which shall be under the
same rent and no other. Provided always, And be it enacted,
that nothing in this act conteined shall alter, change,
make voyd, make erroneous, or defeat any judgment given
and recovered in the provincial court before the makeing of
this act, nor make void any arbitration or award under hand
and seale given before the makeing of this act, although such
judgments and awards are given contrary to the meaning of
this act, but all such judgments and all such awards, though
they might not otherwise be good about land, shall be and are
hereby confirmed, other errors in law excepted: provided
such awards shall, within a year and a day be recorded in
there respective county records, after the publication of this act,
and acknowledged in open court by one of the arbitrators or
umpire. And if a certificate be so defective that one whole
line be left out, yett if the other lines be soe exprest that they
shew what length and breadth were designed, and that the
length and breadth would make out the quantity of land which
the taker up had due to him, and the lines exprest do inferr
to common reason and sense, that the lines were left out by
mistake: in all such cases the first taker up shall hold his
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Volume 73, Appendix 12 View pdf image (33K) |
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