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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 15   View pdf image (33K)
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                    Maryland, now in force.                    15


case of difference, according to the Intent of the Surveyor
clearly proved.  And these Words up the River, Creek,
&c. instead of down, or down instead of up, shall not vitiate
any Grant or Deed, by which the Land is convey'd,
where the rest of the Words in the said Grant or Deed
manifestly imply it only to be a mistake, and the
first taker up shall rectify his Survey, and take a new
Grant.
    XXVIII.  Provided nothing in this Act shall alter,
make Erroneous, or defeat any Judgment in the Provincial
Court before the making this Act, nor any Arbitration 
or Award under Hand and Seal, before the making
this Act, Errors in law excepted.  Provided such
Awards be recorded in their respective County Records
within a year and a day after the publication of this Act,
and acknowledged in open Court by one Arbitrator or 
Umpire.
    XXIX.  If in a Certificate one whole Line be left out,
yet if the other Lines be so exprest, that they shew what
length and breadth were design'd, and which wou'd
make out the quantity of Land due to the taker up, in
such case the first taker up shall hold his Land against
any other, as if his Certificate were intire.
    XXX.  If a Man hold a Tract of Land, exprest to
bound on another Tract, and to begin at a markt Tree
standing in the Line of that Tract, on which it is said to
bound; but if the first markt Tree cannot be found, yet if
any other markt Tree of that Tract be found and proved,
that Tree shall rule the Bounds of the Tract.  If no Tree be
found, the Owner may re-survey and lay it out again,
beginning at the Line where it was first said to begin.
But it shall be then reputed later than any other Survey,
and the taker up shall not intrude upon any other Tract
where a Plantation is seated.  And the like shall be adjudged
in all parallel cases where no Tree is to be found.
Yet, if any such markt Tree was said to begin at a noted
place, if such place is certainly known and procured, a
Jury shall find a point to begin at most agreeable to the
Description in the Certificate or Grant of the same.
    XXXI.  If any Controversie happen about Bounds of
Lands, whereof there is no Parallel within this Act, the
Provincial Court shall not give Judgment therein, but
it shall be put to the Assembly, to be determined by an
Act.

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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 15   View pdf image (33K)
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