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An Abridgment of the Laws of
prescribed shall be run out, and from the end of that
Line shall be drawn a Line reverst to the next Course,
which is to be run till it intersect the said Creek or
Cove, and by that intersection it shall be described how
far that Tract shall be bounded by the Creek, &c.
XII. In all Cases where positive Eye-witness
cannot
be had, there Traditional Evidence viva voce, agreeing
with Record, shall be accounted good Proof. And
where the first markt Tree is wanting, and the beginning
cannot reasonably be proved, but yet a second or
third markt Tree is found, the Tree so found shall rule
the Bounds of the whole Tract, according to the Rules
in this Act mentioned. Where a Man holds a Peninsula
or Neck of Land, and have several markt Trees
upon the Points or Capes of his Tract, which do not
exactly agree in course or distance, and yet by good
Evidence can prove his Exterior Bounds, and the whole
Neck to be granted to him, there all things shall be
favourably Interpreted to his holding the whole against
any later taker up, although he hath built and improved.
XIII. If any Tract of Land be described
to begin at the
uppermost or lowermost Tree of another Tract, in all
such cases the second Tract shall begin where the first terminates,
unless it can positively be proved, that the
Surveyor did at the taking up, mark a Tree for the beginning
of the second Tract, &c.
XIV. If a Tract described to lye on a certain
side of
a River, Creek, &c. and at the last by general Bounds
is described to be bounded by the said River, Creek, &c.
and the first Line be drawn from the River, &c. into the
Woods, &c. and their other courses are prescribed, which
at last come to the River, &c. the courses shall there determine
and be bounded by the Water, and not pass over,
and the Owner shall be contented with what Land
is between such lines and the Water, be it ever so
little.
XV. If a Tract of Land be described to
begin at a
certain Tree, and run a certain course, expressing no
number of Perches, till it intersect another Tract of Land,
and no determinate number of Perches to limit the Lines,
'tis a void Survey, and shall be deemed to include nothing.
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