clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 2821   View pdf image (33K)
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
1699.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

*  The parts of this
act included in
crotchets are supposed
to be omissions
in the record.

                                    APPENDIX.

marked tree expressed in the certificate of survey, and well and
sufficiently proved, to which either the course or the creek, river
or branch directly leads, and may be attained by adding ten per
cent.
to every hundred perches of that line, which leads to it, the
owner or owners of such land shall hold that surplusage, granted
by the said ten per cent. against any latter taker up, and even
against the Right Honourable the Lord Proprietor, his heirs and
successors, at the granted rent, without any alteration by reason
of the words more or less.  And, if the said marked 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 surplusage against any later taker up; that is to say, all between
the said trees, against the lord proprietor, paying arrears of
rent at two pence per pound in tobacco; but if the fifty per cent.
will not attain 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 marked
tree:  and if, in either the former cases, or any other cases where
the aforesaid fifty per cent. will attain the second tree, so as by this
act the owners may hold the surplusage, the second line is [to be*]
drawn from the second tree, the just length; as for example, for
one hundred acres, a line from the first tree be mentioned north
one hundred perches to the second marked 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 marked tree there expressed, ti will leave a
gore betwixt a line drawn west to the first tree and the end of 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 certain course
and number of perches, and then, or from the end thereof, or such
like synonymous expressions, with a straight line to the first bounded
tree, such straight line shall be the bounds thereof, although the
third line be not of equal 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 paid for the
same, and the first owner shall entirely 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 liable to an act of trespass; 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 
improvement's 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 ascertain
his bound, according to this act.



 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 2821   View pdf image (33K)   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives