Assembly Proceedings, June 29-July 22, 1699. 491

the Warr' of Resurvey is Granted as aforesaid there the Sur-
veyor shall.have onely such ffees as in a primitive Survey any
Law Statute or Custom to the Contrary Notwithstanding And
shall Certify that by Virtue of such Warrant he hath resur-
veyed a Tract of Land Called A: first layd out for B: described
to lye and be bounded as followeth (here the Scituation and
Bounds of Lands to be Expressed) and that he hath resur-
veyed & regulated the same according to the first second or
other Example of the Act for Regulateing and Ascerteining
&c. which Certificate with a faire Platt shall be returned to
the Examiner of the County and being Approved by him to
the County Clerk to be Recorded And to that end, Be it
Enacted that the Governor for the time being may Constitute

Lib. L. L.

and appoint one Discreet person to be Examiner of the s^d
County and to do therein as to such Office belongs &c
Takeing for his ffees for every such Certificate fifty pounds of
Tobbacco if the Same be for five hundred Acres or under and
one hundred pounds of Tobb^o if the Same be above five hun-
dred Acres and the Examiner shall keep a fair Book and
Record the Certificate and Plat And be it Enacted &c That if
any Person hold a Tract of Land which on any line is said to
run a Certein Course and Certein Number oi Perches to an
other mans Land And that Certein Number of Perches and
fifty p Cent added on the same Course to that line do not
Come to the said Land Yet the Number of Perches give the
quantity of Land which the Taker up had due to him he
shall be Contented with his precise number of Perches
and shall not Extend his line further to the Dam-
age of any Latter Survey although his Survey be
said to be bounded by the other mans Land, but
the Land betwixt being Surveyed by Comon Warrant
shall be Sure to him that Surveyed it, Provided That is not
allready Taken up he shall have a Year and a Day from the
Publication of this Act to take it up by Comon Warrant Except
in such Cases as falls under the Regulation of the Eleaventh
Example And if any Owner of Land perceiving that he
hath more breadth betwixt his trees which gives him more
Land then was due to him att first have allready whilst
he was owner of the first Tract by Common Warrant taken up
the Surplusage he shall by Virtue of such Survey and his
Lordships Grant hould the same According to his Grant Not-
withstanding the said Land seem to have been formerly Sur-
veyed but there shall not be made any other line then is
Expressed in the record of Survey to joyne the Land together.
And be it further Enacted &c. That no Warr' or Grant to alter
any Survey upon pretence that the Surveyor hath not taken up

p. 223

the Intended Land or was Mistaken in Prescribing his Courses

p. 224