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APPENDIX.
taker up, for any supposed trespass within his lines, which he
could not have had before, but on the contrary, if the second taker
up have made any improvement on the land now to be taken away,
he shall hold his improvement, and all the land that fails to be
within the lines of the first taker up by any reason of this regulation,
for such number of years as a jury shall think such improvement
deserves, not exceeding fourteen years, to be reckoned from the
time that the first taker up resurveyed his land by a jury, and the
same jury shall there, ore tenus, determine the matter. And
whereas
this may occasion that some land may lie clear, by or about
these deserted trees or otherwise, in such cases the jury, or the
major part of them shall determine in writing, under their hands
and seals, what part of such land happening to be clear, shall be
assigned to the taker up to take up again by common warrant, and
what part shall be assigned to the second taker up, to take up
again in like manner, which by this act they are empowered to do,
to make good what disadvantage may happen to either part, and
no other person for a year and a day after, shall take up any the
land so assigned, and if they do, it shall be of no effect, nor shall
any grant for the same, upon any such surreptitious survey be of
validity in law; and if the first taker up do not, within a year and
a day after the publication of this act in the county where such
land lies, resurvey his land and ascertain his bounds, that then,
after one year and a day expired, the second taker up may, (if he
pleaseth,) for certainty's sake, cause the same to be done at his
own cost and charges. |
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And be it enacted, &c. That the
justices of each respective county
court may grant a warrant of resurvey and a venire for a jury,
if required, where the reason of resurvey is only ascertaining of
bounds according to this act, the petitioner only paying to the
clerk sixteen pounds of tobacco for his warrant, and thirty pounds
of tobacco, or two shillings and six pence, to the commissioners
towards supporting their expenses; and where the warrant of resurvey
is granted as aforesaid, there the surveyor shall have only
such fees as in a primitive survey, any law, statute or custom to
the contrary notwithstanding; and shall certify, that by virtue
of such warrant, he hath resurveyed a tract of land called A. first
laid out for B. described to lie and be bounded as followeth.
[Here
the situation and bounds of lands to be expressed.] And that
he hath
resurveyed and regulated the same according to the first, second,
or other example of the act, for regulating and ascertaining, &c.
which certificate, with a fair plat, shall be returned to the examiner
of the county, and being approved by him, to the county clerk to
be recorded; and to that end, |
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Be it enacted, That the governor for the
time being may constitute
and appoint one discreet person to be examiner of the said
county, and to do therein as to such office belongs, &c. taking for
his fees for every such certificate fifty pounds of tobacco, if the
same be for five hundred acres or under, and one hundred pounds
of tobacco, if the same be above five hundred acres, and the examiner
shall keep a fair book, and record the certificate and plat. |
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And be it enacted, &c. That if any person
hold a tract of land,
which on any line is said to run a certain course and certain number
of perches to another man's land, and that certain number of |
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