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APPENDIX.
and there in his presence, either plant other sufficient locust or cedar
post, or stone or stones in the stead and place of that tree, under
the penalty of six pounds sterling, to be paid to the party
whose bounds the said tree was, to be recovered by action of debt,
&c. And it is hereby made lawful for every man having such tree
or trees within another man's land, and having a special warrant
of resurvey, or order of Provincial Court for resurvey, or order
of County Court for resurvey of their land, to ascertain his
bounds, having asked leave, and being denied, with surveyor, jury,
witnesses and chain carriers, go on such land, whereon or wherein
his marked tree stands, and from such marked tree measure his
course and distance required; provided he makes all fences as
good and tight as they were found, and that he, nor any one along
with him, in measuring the same, do not manifest damage, detriment
or harm to the owner of the land whereon they go, or if accidentally
any damage happen, that then in such cases he proffer,
and within three days make reparation and amends. |
1699. |
And be it enacted by the authority aforesaid,
That no man shall
have ten per cent. given to him the precise number of perches, except
it be by that addition of ten per cent. to reach to a marked
tree or other natural bounds; but if he hath no marked tree or natural
bounds, he shall not take ten per cent. to the damage of any
latter survey, [but] begin off from the first survey, and run towards
it, and [if] there be ten per cent. betwixt the end of the precise
number of perches, the first taker up shall enjoy it; and in all such
cases, if ten per cent. added to both, will make their land to bound
on each other, no third person shall take up or hold any land betwixt
them. |
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And be it enacted, &c. That if
any man hold land by a river or
creek side, yet so as there lies marsh betwixt the firm land and the
river, such adjacent marshes shall not be taken up, or being already
taken up by any other, shall not be held, but such adjacent marsh
shall be deemed and adjudged absolutely to belong to the land to
which it is adjacent, and be bounded by the same courses drawn
from the firm land into such river or creek as the firm land is
bounded by, except in Somerset county and upon Delaware, and
the ocean. |
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And be it enacted, &c. That if
any man hold land which is bounded,
or expressed to be bounded, by a line drawn from a certain tree,
or other individuable point of intersections, a certain course to a
certain marked tree in the woods, and the said tree or trees do not
correspond to the said certain course or courses, but that the
courses and trees differ very much, as it is too common, and that
the courses prescribed give the quantity of land due to the taker
up, in such cases, wherein it is not otherwise before in this act
provided in ascertaining the bounds of lands by the water side, the
lines shall be the bounds of such lands, and the trees shall be deserted,
and one line shall be drawn from the end of another, because
the errors of such surveys was in the misplacing of trees;
yet so if any second taker up hath begun at any the aforesaid deserted
trees, and run lines parallel to the first taken up lands, and
that by this regulation some part of the land of the second taker
up will now fall within the lines of the first taker up; in such case
the first taker up shall have no action of trespass against the second |
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