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APPENDIX. III.
any alteracon by reason of the words more or less. And if
the said markt tree may be attained by adding of fifty per
cent. to every hundred perches of the said line which leads
to it, the owner of such land shall hold that hould that
surplusage against any later taker up; that is to say, all between
the said trees against the lord proprietor, paying arrears of
rent att two pence per pound in tobacco, but if the fifty per
cent will not attaine the second tree, it is out of measure
unreasonable and then the owners of such land shall be
concluded by his precise number of perches as if he had never
any second markt tree.¾And if in either the former cases or any
other case, where the aforesaid fifty per cent. will attaine the
second tree, so as by this act the owners may hold the surplusage,
the second line is drawn from the second tree the just
length¾as for example, for one hundred acres a line from the
first tree be mentioned north one hundred perches to the second
markt tree, but is really one hundred and fifty perches and
then from the second tree a line is drawn east one hundred
and sixty perches, the just length then from the end of the
said east line a line is drawn south one hundred perches, but
no markt tree there expresst, it will leave a gore betwixt a line
drawn west to the first tree and the end of the hundred
perches south, in all such cases, by virtue of this act the third
line shall be extended of equall length with the first, and the
fourth line shall be parallel with the second as in the first
example demonstrated, that the tract of land may be square and
one and the same, being laid out backward or forward. But
if in the certificate of survey it be expressed in the third line
a certeine course and number of perches, and then or from
the end thereof, or such like synonimous expressions with a
straight line to the first bounded tree, such streight line shall be
the bounds thereof, although the third line be not of equall
length with the first; and if any second or later taker up of
land have taken up the said gore or land that may include it,
and not improved or built thereon, the owner of the first tract
shall pay him his reasonable charge expended in taking up the
same and reimburse him all the rent payd for the same; and
the first owner shall intirely hold the full square, paying his
lordship his succeeding rent for the surplusage. But if the
taker up of the said land or gore including it, have built thereon,
he shall not be lyable to an action of tresspass: But if in case
the owner of the first tract do not agree with him about
paying him for his improvement, then the taker up of the gore
shall, for the improvements sake, hold it such number of
years not exceeding fourteen years to come, as a jury of
resurvey shall adjudge, and this all to be required and the
number of years to commence when the owner of the first tract
shall by a jury resurvey and ascertein his bound according
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