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APPENDIX.
number of acres, yet the tract shall be confined by such
bounds, as supposing the first line be north fifty perches, and north-east,
or north north-east, or the like, eighty perches, and so parallel,
and yet the owner shall be contented, and all latter surveys
adjoining to such lines shall be good, as in the seventh example.
And if any man have a greater number of perches given him in
length or in breadth, by express words than he ought to have, yet
he shall hold the same against any latter taker up, and against the
lord proprietor rendering rent; as suppose north fifty perches,
then east eighty perches, and so lines parallel for one hundred
acres, as in the eighth example. Every man that hath an island entirely
granted unto him, although he have surplusage, shall hold
the same, although lines, or courses, or number of perches be not
rightly expressed to conclude the same against any later taker up,
and against the lord proprietor rendering rent, (if his lordship
shall, for the discovery of such rent, cause the same to be resurveyed,)
and his lordship, his heirs or successors, shall not, for any
surplusage entirely dam or confound any patent, upon pretence of
being deceived in his grant, or any other pretence; because every
man had land granted him, in consideration that by performing
conditions of plantations it was due to him, except where his lordship
hath granted any lands ex mero motu de gratia especiali. |
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And whereas, by this act is provided, that if any
man hold fifty
per cent. above his number of perches, betwixt his known bounds,
he shall maintain the same against any later taker up, &c. and
will not resurvey his land in due time, but that the lord proprietor
grant the surplusage to another, yet of the first taker up
hath seated his plantation, and made his improvement, after the
certain number of perches is determined, yet the surplusage shall
not be said to be there, only after such determination of such number
of perches, because after the surveyor hath once, by description
as it were, shaped the land, it is then all granted at once uno flatu,
and the surplusage shall be assigned by a jury entirely to lie together,
but to the least detriment of the first grantee. And if a certain
number of perches in any case be prescribed to run by a creek,
river or branch side, and no marked tree nor certain course expressed,
the said number of perches shall not be spent away by the
several windings of the river, creek or cove, but brought to a
straight line of that length, or else to be regulated by the other
courses, as in other cases, is provided. If land be bounded by a
creek or cove, running a certain course or number or perches, as
suppose north one hundred perches, if that branch, creek or cove
wear out and expire, or unreasonably wind above five points from
the course into the land, before the number of perches be determined,
so that there be no certain running constant stream, or certain
bed or channel of a stream, continuing to the end of the line, or if
there be such a winding as aforesaid, in [such] cases the line shall
be the bounds from the beginning to the ending; Provided that all
the adjacent lands betwixt the creek and the line, before it comes
to slant over the branch, creek or cove, shall be added and taken
to be part of the land, that is, so far as the creek includes, as in the
ninth example. If land begin at a marked tree by a river, creek,
branch or cove, and so go up or down the said river, creek, branch
or cove, to another marked tree at the mouth of a creek, or |
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