490 Assembly Proceedings, June 29-July 22, 1699

Lib. L. L.

p. 221

the Quantity of Land due to the Taker up in Such Cases
wherein it is not otherwise before in this Act Provided in
Ascerteining the bounds of Lands by the Water Side the
Lines shall be the Bounds of such Lands and the Trees shall
be deserted and one Line shall be drawn from the end of
Another because the Errors of such Surveys was in the.
Misplaceing of Trees Yet so if any Second Taker up hath
begun att any the aforesaid deserted Trees and run lines
Paralell to the first Taken up Lands and that by this Regula-
tion some part of the Land of the Second Taker up will now
fall within the lines of the first Taker up in Such Case the first
Taker up shall have no Action of Trespass against the Second
Taker up for any Suposed Trespass within his Lines which he
Could not have had before but on the Contrary if the second
Taker up have made any Improvement on the Land now to
be taken away he shall hold his Improvement and all the
Lands & all the Land that falls to be within the Lines of the
first taker up by reason of this Regulation for such Number
of Years as a Iury shall think such Improvement deserves not
Exceeding fourteen Years to be reckoned from the time that
the first Taker up Resurveyed his Land by a Iury and the
Same Iury shall there ore Tenus Determine the Matter. And
whereas this may Occasion that some Land may be Clear by
or about these deserted Trees or otherwise in Such Cases the
Iury or the Major part of them shall determine in Writeing
under their hands and Seales what part of such Land hap-
pening to be Clear shall be Assigned to the Taker up to take
up againe by Common Warrant and what part shall be Assigned
to the second Taker up to take up againe in like maner which
by this Act they are Impowered to do to make good what Dis-
advantage may happen to either part and no other person for
a Year and a day after shall Take up any the Land So

p. 222

Assigned and if they doe it shall be of no Effect nor shall any
Grant for the same upon any such Surreptitious Survey be of
Validity in Law And if the first Taker up do not within a Year
and a day after the Publication of this Act in the County
where such Land lyes resurvey his Land and Ascertein his
Bounds th^t then after one Year and a Day Expired the second
Taker up (may if he pleaseth) for Certeinties sake Cause the
same to be done att his own Cost and Charges And be it
Enacted &c That the Justices of each respective County Court
may Grant a Warrant of Resurvey and a Venire for a Iury if
required where the reason of resurvey is onely Ascerteining
of Bounds According to this Act the Petitioner onely paying
to the Clerk Sixteen Pounds of Tobbacco for his Warrant and
thirty Pounds of Tobbacco or Two Shillings Six pence to the
Commissioners towards Supporting their Expences and where