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IV. APPENDIX
to this act:¾And if any man hold a tract of land by the
side of a creek or branch, and it be described to begin att a
markt tree by the side of the said creek, river, or branch, and
att the last is on that side to be bounded with the said creek,
river, or branch, but it is exprest from the said markt tree to
run up or down the said creek, river, or branch, a certein
number of perches or a certein course, which course declines
from the water side and runs into the land, and no markt tree
appointed for it to end att, in all such like cases the owners of
the said land shall reverse his last line, viz. as suppose the
first course is north one hundred perches to the branch, creek
or river, and the other west one hundred and sixty perches,
and then south one hundred perches, and then east or on a
streight line to the first markt tree, he shall run from his first
tree west one hundred and sixty perches, and then south one
hundred perches, and then east unto the said creek, river, or
branch, and where the said east line intersects or falls into the
water it shall determine his bounds, and he shall hold from
that intersection by the water side to the first tree, but in this
case or any cases parallel, if fifty per cent will not intersect
the branch, creek, or river, then the precise lines and course
to be the bounds thereof, and the reversing of lines shall
determine bounds when the lines by the water side slants over
the creek, river, or branch; and in that case the creek, river,
or branch, shall be the bounds of such tract, and it shall not
pass over as in the second, third, and fourth example is
demonstrated, and the reason why fifty per cent is allowed to
reach the creek, river, or branch, that if more is, there will
be no coherence between the creek and the course. And if
a tract be described to lye on a certein side of a creek, river,
or branch, and begin att a markt tree and run a certein course
as suppose north one hundred perches up or down the said
creek or river, to another markt tree by the river side, which
second mark tree is known and really stands by the water
side and make the breadth of the land within fifty per cent.
there the second line supposing east, shall be drawn from the
second tree, the certein number of perches supposing one
hundred and sixty, and from the end thereof south till it intersect
a line drawn also east from the first tree, though the said east
line last mentioned be more or less in this case then fifty per
cent over or under, and from that intersection a line drawn
west to the first tree, the water the west, and the south line
shall be the bounds of such tract and all such tracts in cases
paralell, because that generally takers up of such backward land
have so allowed the tracts frunting the river to lye, and that
with good reason; and as for the reasonableness of it, it cannot
be otherwise enacted, so if it should be otherwise enacted
it would make a generall confusion in all backward lands
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