| Volume 73, Appendix 4 View pdf image (33K) |
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IV. APPENDIX to this act:¾And if any man hold a tract of land by the side of a creek or branch, and it be described to begin att a markt tree by the side of the said creek, river, or branch, and att the last is on that side to be bounded with the said creek, river, or branch, but it is exprest from the said markt tree to run up or down the said creek, river, or branch, a certein number of perches or a certein course, which course declines from the water side and runs into the land, and no markt tree appointed for it to end att, in all such like cases the owners of the said land shall reverse his last line, viz. as suppose the first course is north one hundred perches to the branch, creek or river, and the other west one hundred and sixty perches, and then south one hundred perches, and then east or on a streight line to the first markt tree, he shall run from his first tree west one hundred and sixty perches, and then south one hundred perches, and then east unto the said creek, river, or branch, and where the said east line intersects or falls into the water it shall determine his bounds, and he shall hold from that intersection by the water side to the first tree, but in this case or any cases parallel, if fifty per cent will not intersect the branch, creek, or river, then the precise lines and course to be the bounds thereof, and the reversing of lines shall determine bounds when the lines by the water side slants over the creek, river, or branch; and in that case the creek, river, or branch, shall be the bounds of such tract, and it shall not pass over as in the second, third, and fourth example is demonstrated, and the reason why fifty per cent is allowed to reach the creek, river, or branch, that if more is, there will be no coherence between the creek and the course. And if a tract be described to lye on a certein side of a creek, river, or branch, and begin att a markt tree and run a certein course as suppose north one hundred perches up or down the said creek or river, to another markt tree by the river side, which second mark tree is known and really stands by the water side and make the breadth of the land within fifty per cent. there the second line supposing east, shall be drawn from the second tree, the certein number of perches supposing one hundred and sixty, and from the end thereof south till it intersect a line drawn also east from the first tree, though the said east line last mentioned be more or less in this case then fifty per cent over or under, and from that intersection a line drawn west to the first tree, the water the west, and the south line shall be the bounds of such tract and all such tracts in cases paralell, because that generally takers up of such backward land have so allowed the tracts frunting the river to lye, and that with good reason; and as for the reasonableness of it, it cannot be otherwise enacted, so if it should be otherwise enacted it would make a generall confusion in all backward lands |
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Kilty's Land-Holder's Assistant, and Land-Office Guide
| Volume 73, Appendix 4 View pdf image (33K) |
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