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APPENDIX. VII.
south line go to the westward of the first tree, then the east
line aforesaid shall be further extended, that the south line
may at least come to the beginning tree. In all cases where
positive eye witness cannot be had, their traditionall evidence
viva voce concurring with and agreeable to record, shall be
accounted good proof, declaring from whom they had their
tradition and not affirming any markt tree or bounds other
then or differing from what is exprest on record, and where
the first markt tree is wanting and the beginning cannot be
reasonably proved, but yett a second or third markt tree is
found, the tree so found shall rule the bounds of the whole
tract according to the rules of this act mentioned or hereafter
to be mentioned3/4Where a man holds a peninsula or neck
of land, and have severall markt or lined trees upon the points
or capes of this tract which do not very exactly agree in
course or distance, and yet by good evidence prove his
exterior bounds, and the whole neck, as it is comonly called, or
peninsula be granted to him, there all things shall be favourably
interpreted to his holding the whole neck against any
later taker up, although he hath built and improved, because
it is unreasonable a second taker up for a small skirt of land
shall have the same advantage of range as the other; but yet
if the second taker up be ejected, the first shall not have any
action of trespass against him except the court which gives
judgment upon the titles being the same court that judgment
is given, and not after in due forme moved, allow such action
to be brought upon the consideration of the reasonableness of
the matter, and that is humbly prayed to be thus enacted,
because such peninsula or necks of land do not fall under any
ordinary rule of regulation, provided that nothing be allowed
of, which is directly contrary to any other rule of regulation
or clause of this act. And if any tract of land be described
to begin att the uppermost or lowermost marked tree of
another tract, when the record of the former tract mentions not
any tree markt for the uppermost or lowermost bounds thereof,
in all such cases the second tract shall begin where the
upermost or lowermost bounds of the first tract terminates by
this act, except it can possitively and very strongly by good
witness be proved that the surveyor and not the taker up, then
and there att the taking up did marke a tree for the beginning
of the second tract, and if the second tract be said to bound
upon the first, yet it shall not be allowed to do so to the prejudice
of any latter survey, but may come to its beginning by its
prescribed line or lines paralell to the tract on which its said
to bound, and the land betwixt may be taken up by a
common warrant as in the tenth example, by which all cases
paralell may be adjudged and determined. If a tract of land
be described to lye on a certein side of a river, creek, branch,
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