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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 14   View pdf image (33K)
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14            An Abridgment of the Laws of

be the Bounds of such Lands, and the Trees shall be deserted,
and one Line shall be drawn from the end of
another:  Yet if any second Taker up have begun at any
of the said deserted Trees, and run lines parallel to the first
Taker up's Lands, the first Taker up shall have no Action
of Trespass against him, tho part of the Land falls
within the Lines of the first Taker up, but the second
Taker up shall Enjoy his Improvements on such Lands
for such number of years, not exceeding 14, as a Jury
shall think reasonable.
    XXIII.  And they shall determine in such case, in
Writing, under their Hands and Seals, what part of
such Lands happening to be clear, shall be assigned to
the first taker up, and what part shall be assigned to the
second taker up, &c.
    XXIV.  The Justices of each respective County Court
may grant a Warrant of Re-survey, and a Venire if required,
when the Re-survey is only to ascertain Bounds;
the Petitioner paying only to the Clerk 16 l. of Tobacco
for his Warrant, and 30 l. of Tobacco, or 2 s. 6 d. to the
Commissioners, and the Surveyor shall have only such
Fees as in a primitive Survey, &c.
    XXV.  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, if 50 per Cent.
added to the Line do not come up to the said Land, yet
if the number of Perches give the quantity of Land
which the taker up had due him, he shall be contented,
and shall not extend his Line further to the damage of
any later Survey.
    XXVI.  If any Owner of Land perceiving he hath
more breadth betwixt his Trees, which gives him more
Land than was due to him at first, hath while he was
Owner of the first Tract, by Common Warrant taken
up the Surplusage, he shall by vertue of such Survey and 
his Lordships Grant, hold the same.
    XXVII.  No Warrants or Grant to alter any Survey,
on pretences that the Surveyor was mistaken, or any the
like Pretences, shall take effect 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 markt Tree; but where
such Area includes no Land at all, but only Water, there
the mistake is manifest, and it shall be adjudged, in

 

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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 14   View pdf image (33K)
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