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heretofore granted, which is now excluded by the variation of
the compass, ought not to be taken from the person claiming
under such survey and grant, and attempts may be made to
take up such land as vacancy, contrary to justice; Be it enacted,
That no grant shall issue, unless to the person holding under
the grant originally including the land as aforesaid, upon any
warrant hereafter to be taken out, or already taken out, upon
which patent hath not issued, to affect any land, which the
chancellor, on caveat, may adjudge to have been included by
the courses of such original grant, and since excluded by the
variation of the compass ; and the chancellor shall and may, on
such adjudication, or on the certificate of the party claiming
under such original grant, order a patent to issue for confirming
to the person claiming under such grant the lands which shall
be determined to have been originally included by the courses
therein expressed ; and the person to whom patent of confirma-
tion shall be ordered to issue as aforesaid, shall not be obliged
to pay any money for the land so ordered to be confirmed to
him, or the value of any improvements on such land ; and no
patent shall issue upon any certificate of survey heretofore re-
turned, or hereafter to be returned, unless upon proof made of
notice having been given by the party applying for such patent
to the person or persons whose land may be affected by such
survey, or to his or their attorney, agent, guardian or next
friend, which proof of notice shall be made by affidavit, or affir-
mation, of a disinterested person, before a judge of the general
court, or some justice of the county where such land may lie,
and shall be lodged with the register of the shore on which
such land shall lie, and by him shall be certified to the chan-
cellor.
By April, 1782, ch. 38, certificates or warrants before the first of March,
1777, were to lie in the office three months after the first of July then next,
and certificates and warrants under this act, or thereafter to be granted,
were to lie in the office six months after being compounded on, after which
times respectively grants were to issue without notice as required by this act.
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Original
grants not
to be affect-
ed, &c.
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SEC. 13. Provided always. That if the chancellor shall be of
opinion, that the land claimed as vacancy was not originally
included, and shall order grant for the same, the person claiming
under such original patent shall have a right to controvert, by
trial at law, whether the same land, or any part thereof, was
originally included in the certificate on which the original grant
did issue, and the opinion of the chancellor shall have no influ-
ence on the question before a jury, but the matter shall remain
in the same manner as if no determination of the chancellor had
been given.
SEC. 14. And, whereas the allowing natural or artificial boun-
daries to be expressed in certificates may prevent injury from
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Proviso.
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