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APPENDIX.
freely stay on shore to examine the windings and courses aforesaid,
but marking some trees by the side of such rivers, creeks,
&c. did, without further trouble, prescribe certain bounds and
courses to the several tracts by them surveyed, or intended to be
surveyed, and the said bounds are generally expressed in such uncertain
terms, and being many times contradictions, and inconsistent
in themselves, whereby it comes to pass that at this time is
very uncertain, and many chargeable and tedious suits in law happen
about such bounds, which are most times, (as it were,) by the
favour and inclinations of jurors, arbitrarily determined differing
ways in parallel cases; to prevent which for the future, and that
judgment may go more direct, and that neighbours may more certainly
know their bonds, and avoid trespassing upon one another,
and for the more general ascertaining the metes and limits of every
particular man's land, there can be no better way than by a law
to put one certain interpretation upon such contradictory expressions
observed 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 Saint Mary's, and of the several
and respective Counties of this Province humbly pray that it
may be enacted, |
1699. |
AND BE IT ENACTED, by the King's Most Excellent
Majesty, by
and with the advice and consent of this present General Assembly,
and the authority of the same, That if any man or his assigns
hold a tract of land lying in the woods, and from the first or other
marked tree or end of the line or otherwise, run a certain course
and certain number of perches to a bay, river, creek, branch, or
beaver dam, which have a constant stream or certain bed of a
channel, 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
dam, expressed in the said grant, the said line shall be extended
thereto, as in other cases hereafter, being certain natural and unalterable
bounds; and where the said line intersects the water of
the said bay, river, creek, or beaver dam, 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 certain 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 certain
number of perches, and shall not extend his bounds further than
his certain number of perches to the prejudice of any latter 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
marked tree or end of line, run a certain 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
marked tree, to which, as an individual prick, the line might be
supposed to come, the said tract shall be concluded by the certain
number of perches; but, if in this or the former case, there be a |
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