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APPENDIX.
perches and fifty per cent. added on the same course to that
line do
not come to the said land, yet the number of perches give the quantity
of land which the taker up had due to him, he shall be contented
with his precise number of perches, and shall not extend his
line further, to the damage of any latter survey, although his survey
be said to be bounded by the other man's land; but the land
betwixt, being surveyed by common warrant, shall be sure to him
that surveyed it. Provided, that it is not already taken up, he shall
have a year and a day, from the publication of this act, to take it
up by common warrant, except in such cases as falls under the regulation
of the eleventh example. And if any owner of land perceiving
that he hath more breadth betwixt his trees, which gives
him more land than was due to him at first, have already, whilst he
was owner of the first tract, by common warrant, taken up the
surplusage, he shall, by virtue of such survey, and his lordship's
grant, hold the same according to his grant, notwithstanding the
said land seem to have been formerly surveyed, but there shall not
be made any other line than is expressed in the record of survey,
to join the land together. |
1699. |
And be it further enacted, &c. That
no warrant or grant to alter
any survey upon pretence that the surveyor hath not taken up the
intended land, or was mistaken in prescribing his courses, or any
the like pretences, shall take effect or be good in law, to the altering
the bounds of any land, to the damage of any later taker up, that
hath seated and improved, where the area of such first survey includes
considerable land of any quality, and hath but one marked
tree; but where such area includes no land at all, but water, there
the mistake was manifest, and it shall be adjudged in case of difference,
according to the intent of the surveyor manifestly so proved
and adjudged, notwithstanding. If any many have two well
known trees by the water side, marked for his breadth of land, and
hath seated, improved and paid rent, and quietly for seven years
enjoyed the land betwixt the said trees, and yet by some error
or mistake in the surveyor or clerk, the said land is expressed in
the body of his grant or patent to begin at one of the said trees,
and run to the other, but the line prescribed runs directly contrary;
that is to say, in running up the said river, creek, &c. instead of
down the river, creek, &c. or down instead of up to the second tree,
and leave out the intended land where such mistake is manifest,
and the first taker up hath, as aforesaid seated and improved betwixt
the said trees, and never claimed other land by virtue of that
grant, but the land betwixt the said trees, the first taker up shall
enjoy it, as if no such mistake had been; and if there be any other
errors in his back lines, it shall be regulated as in like cases is before
expressed for other land, and the second taker up may, by virtue
of this act and his lordship's favour, make use of his warrant
elsewhere, and the first taker up shall reimburse the second his
reasonable charge for letting his survey fall, to be adjudged by the
county court upon his petition or motion, the first taker up being
first called and heard, and after such judgment, award execution by
fieri facias, or attachment. But yet, if such second survey
have been
made above seven years before this present session, and hath been
seated and improved by the second taker up, and never yet seated
and improved by the first taker up, or his assigns, then the first |
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