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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 432   View pdf image (33K)
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432 LAND-HOLDER'S ASSISTANT.

then describes the land as " bounding on the east by the land
" lately possessed by Robert Short, and with the said bay,
" unto the said Fishing creek;on the south with the said creek
" and with the land of Oliver Spry planter
on the west with
" the creek called Scotcher's creek:"
We find then, that after
the third boundary, by the great marsh at C, no course or
distance is expressed, but the land is bounded by other tracts, by
the bay, and by the two creeks.

    It was not the object of the act of 1699 to empower the
jury to resurvey land contrary to its bounds, artificial or
natural;
and the jury, in this case, have certified that they
have laid out the said land according to its true ancient metes
and bounds; although, whatever their reason may have been,
they begin at what appears from the courses of the patent to
have been the third boundary, to wit, at C:
When they get
to the third boundary, (which is the first in the patent, to wit,
A,) they then describe the land as bounding on Scotcher's
creek, the land of Oliver Spry, Fishing creek, and the bay, as
by the patent directed, omitting only the call to bind on the
land of Robert Short; and after this general description,
which refers to the patent, they go back to the boundary last
named by them at the head of Scotcher's creek, A;
and
describe the courses and distances round to C, the beginning;
though they appear also to have mentioned, at the termination
of the 39th line, a locust post, which is not called for by the
patent, or to have made some mistake respecting it, which
might perhaps have been explained if they had returned a
plat with their certificate, as the act of 1699 directed:
But
the result of their finding is, that in running round from
Scotcher's creek to what they made the beginning,
to wit,
from A to C, and binding on the lands, creeks, and bay, as
called for by the patent, they run the several courses and
distances which they have expressed, and the question then is
whether those bounds are to be controuled by the course and
distance, or the course and distance run by them to be
disregarded.

 The defendant has located the land from A with an
allowance of 53 degrees for variation, and the effect of it is to
make the lines distant from Scotcher's creek, from the land of
Oliver Spry, or of any other person on the south,
from
Fishing creek, and from the bay:
But it is a rule in the land
office not to make any allowance either for or against a
patentee on the variation of the compass alone; although, on proof
of the original running of some of the lines, the allowance
for others might be fixed in cases where it might be necessary
from the party being confined to course and distance,
 It appears also that, in favour of a patentee, the chancellor
may correct the present running (occasioned by variation)



Source: John Kilty. Land Holder's Assistant and Land Office Guide.
Baltimore: G. Dobbin & Murphy, 1808. MSA L 25529.



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 432   View pdf image (33K)
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