Volume 73, Appendix 2 View pdf image (33K) |
II. APPENDIX. to be in ancient certificates, and by demonstrating one example of each interpretation in a fair parchment, to be to this act annexed as part of the said act. Wherefore the delegates and representatives of the city of St. Mary's, and of the severall and respective countys of this province, humbly pray that it may be enacted. And be it enacted, by the kings most excellent majesty, by
and with the advice and consent of this present generall
assembly and the authority of the same, That if any man or
his assignes hold a tract of land lying in the woods, and from
the first or other markt tree or end of the line, or otherwise run
a certein course and certein number of perches to a bay, river,
creek, branch, or beaver damne, which have a constant stream
or certein bed of a channell, if the course directs thereto, and
the number of perches fall short thereof in such and the like
cases, if adding fifty per cent. thereto will reach the said bay,
river, creek, branch, or beaver damn, expressed in the said
grant, the said line shall be extended thereto as in other cases
hereafter, being certein naturall and unalterable bounds; and
where the said line intersects the water of the said bay, river,
creek, or beaver damn, or run of the said branch, which are or
shall be expressed in such grant, such intersection shall be
deemed and adjudged the certain prick or point of the said
tract of land, but if the said adding of the said fifty per cent.
will not reach the said bay or river, &c. expressed in the
said grant and such certein number of perches give the
quantity of land which, by conditions of plantations, is expressed
in the grant of the said land to have been due to him, with
his said certein number of perches, and shall not extend his
bounds further then his certein number of pearches, to the
prejudice of any later survey, notwithstanding any gift, grant,
or patent of confirmation granted or made after the date of
any certificate of latter survey. And if a tract of land by a
river, creek, or branch, side and from any markt tree or end of
line, run a certein course and number of perches up the river,
creek, or branch, to the head of the said river, creek, or
branch, and the record of survey do not express any markt
tree, to which as an individuall prick, the line might be supposed
to come, the said tract shall be concluded by the certeine
number of perches, but if in this or the former case there be
a markt tree expressed in the certificate of survey, and well
and sufficiently proved, to which either the course or the creek,
river, or branch, directly leads and may be attained by adding
ten per cent. to every hundred perches of that line which
leads to it, the owner or owners of such land shall hold that
surplusage granted by the said ten per cent against any latter
taker up and even against the right honorable the lord
proprietor, his heirs and successors, att the granted rent without
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Volume 73, Appendix 2 View pdf image (33K) |
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