cove to another marked tree at the mouth of a creek or cove, and then
be prescribed to run a certain course and number of perches by the
said creek or cove, and the spending away of the number of perches
upon the winding of the said creek or cove would shorten the
line from extending far enough into the woods, and the creek winds
outwards from the land and varying from the course, in this case the
full line and prescribed [course] shall be run out, and from the end
of that line shall be drawn a line reverse to the next course, which
is to be run till the line reverse intersect the said creek or cove,
and by that intersection it shall describe how far that tract shall
be bounded by the creek, &c. and the rest of the bounds shall in
such case be ascertained by the fourth example; as suppose from
the second tree, at the mouth of a cove, &c. the line prescribed [be]
east one hundred and sixty perches by the cove, and bounded by
the cove, and the said creek winds away east north-east, an east
line of one hundred and sixty perches shall be run out, and if from
the end of the east line to the course should be south, then there
shall be first a line drawn north to the cove, and that north line
shall describe at the place where it intersects the cove, how far
that tract shall be bounded by the cove, and then at the intersection,
the south line shall be begun and continued till it intersects a
line drawn east to the first tree, as in the fourth example aforesaid;
always provided, the south line be not fifty per cent. more than it
ought to be; but if the south line be fifty per cent. more than it
ought to be, then the south line shall be the bounds, and not the
creek or cove; and if the 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 traditional 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 marked tree or bounds other than, or
differing from, what is expressed on record; and where the first
marked tree is wanting, and the beginning cannot be reasonably
proved, but yet a second or third marked 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 mentioned.  Where
a man holds a peninsula or neck of land, and have several marked
or line trees upon the points or capes of his 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 commonly
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 or 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 form 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