Maryland, now in force.
13
XVI. If a tract begin at a certain markt
Tree, and run
to the head of a Creek, Branch or Cove, it shall be determined
as afore described in like cases, and if for more
breadth it begin again on the other side at the head of the
said Creek, &c. it shall be adjudged to be right opposite
to the ending of the first side, except there be a markt
Tree exprest on the second side to regulate that part otherwise.
XVII. If a Tract be so laid out that one
part lies on
one side, and another part on another side of a former
Survey, the Owner of the second Tract shall hold all
that is clear of the former Survey, and all former Surveys
whatsoever on both sides.
XVIII. If any Man's markt Tree or Trees
stand within
another Man's Lands, he in whose Lands the said
Trees stand, shall not on any pretence cut down any of
those Trees, unless he first give notice to the Owner of
the Land whose Bounds such Tree is, and in his presence
plant other sufficient Locust or Cedar Post, or Stone, in
place of such Tree, under penalty of 6 l. Sterling to the
Party whose Bounds such Tree was.
XIX. Every Man, having such Tree or Trees
within
another Man's Lands, and having an Order for Re-survey,
may upon asking leave, go with Surveyor, Jury
and Witnesses, on such Land whereon his markt Tree
stands, and from thence measure his course, provided he do
no manifest damage, or if accidentally any happen, within
3 days make reparation and amends.
XX. No man shall have 10 per Cent. given
him to the
precise number of Perches, except it be by that addition
of 10 per Cent. to reach a markt Tree or other natural
Bounds.
XXI. If a man holds Land by a River or
Creek side,
yet so as there lies Marsh between the firm Land and the
River, such adjacent Marsh shall not be taken up by
any other, but shall be deemed and adjudged to belong
to the Land which is adjacent, except in Somerset County,
and upon Dellaware, and the Ocean.
XXII. If a man hold Land, which is exprest
to be
bounded by a Line drawn from a certain Tree, or other
individable point of Intersections, to a certain markt
Tree in the Woods, and the said Tree do not correspond to
the Course or Courses exprest, but differ very much; in such
Cities (where it is not otherwise provided) the Lines shall
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