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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 10   View pdf image (33K)
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10            An Abridgment of the Laws of

number of Perches.  But if in this or the former case,
if there be a markt Tree exprest in the Survey, and sufficiently
proved, to which the course of the River leads,
or may be attained by adding 10 per Cent. to every hundred
Perches of the Line which leads to it, the owner
of such Land shall hold that surplusage granted by the
said 10 per Cent. against any later taker up, and even
against the Lord Proprietor, his Heirs and Successors.
    III.  If any second or later taker up of Land shall have
taken up a Gore or Land that may include it, and not
improved or built thereon, the owner of the first Tract
shall pay him his charges in taking up the same, and reimburse
him the Rent paid for the same, and the first
owner shall hold the full Square, paying his Lordship
his succeeding Rent for the Surplusage.  But if the taker
up of the said Land or Gore have Built thereon, he shall
not be lyable to an Action of Trespass; but in case the
Owner of the first Tract do not agree with him about
paying for his improvement, then the taker up of the
Gore shall hold it such a number of years, not exceeding
14 to come, as a Jury of Re-survey shall judge.
    IV.  If a man hold a Tract of Land by the side of a
Creek, River, or Branch, and it be described to begin
at a markt Tree by the side of the said Creek, &c. and
is on that side to be bounded with the said Creek, &c.
and exprest to run a certain number of Perches, but no
markt Tree appointed for it to end at, in all such like
cases the Owner of the Land shall reverse his last Line.
But in this or any other like case, if 50 per Cent.
will not intersect the Branch, Creek, or River, then
the precise Lines and Course to be the Bounds thereof:
And the reversing of Lines shall determine Bounds when
the Lines by the Water side slants over the Creek, River,
&c. and in that case the Creek, River, &c. shall
be the Bounds of such Tract.
    V.  If a Tract be described to lye on a certain side
of a Creek, River, &c. and begin at a markt Tree, and
run a course North, up and down the said Creek, &c.
to another markt Tree by the River side, which second
markt Tree makes the breadth of the Land, within 50
per Cent. the second Line, supposing East, shall be
drawn from the second Tree a certain number of Perches,
and from the end thereof South till it intersect a Line
drawn also East from the first Tree, and from that intersection

 

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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 10   View pdf image (33K)
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