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Lib. L. L.
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or any the like pretences shall take Effect or be good in Law
to the altering the Bounds of any Land to the Damage of any
later taker up that hath Seated and Improved where the Area
of such first Survey, includes Considerable Land of any quality
and hath but one Markt Tree But where such Area includes
no Land att all but Watter there the Mistake was manifest and
it shall be adjudged in Case of difference according to the
Intent of the Surveyor Manifestly so proved & adjudged Not-
withstanding If any man have two well known Trees by the
Water side Markt for his breadth of Land and hath Seated
Improved and paid Rent and quietly for seaven Years Enjoyed
the Land, Betwixt the said Trees and Yet by some Error or
Mistake in the Surveyor or Clerk the said Land is Exprest in
the body of his Grant or Pattent to begin at one of the said
Trees and run to the other but the Line prescribed runs
directly Contrary (that is to say) in runing up the said River
Creek &c. Instead of Down the River Creek &c. or down
instead of up to the second Tree and leave out the Intended
Land where such Mistake is Manifest and the first Taker up
hath as aforesaid Seated and Improved betwixt the said Trees
and never Claimed other Land by Virtue of tht Grant but the
Land betwixt the said Trees the first taker up shall enjoy it as
if no such Mistake had been and if there be any other Errors
in his back lines it shall be Regulated as in like Cases is
before Exprest for other Land and the Second Taker up may
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p. 225
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by Virtue of this Act and his Lordshipps favour make use of
his Warrant Elsewhere and the first taker up shall reimburse
the Second his reasonable Charge for letting his Survey fall to
be Adjudged by the County Court upon his Petition or Motion
the first taker up being first Called and heard and after such
Iudgment award Execution by fieri facias or Attachment, but
Yet it such Second Survey have been made above Seaven
Years before this Present Sessions and hath been Seated and
Improved by the Second Taker up and never yet Seated and
Improved by the first Taker up or his Assignes, then the first
Taker up and not the Second shall be putt to seek for the
benefitt of his Warrant Elcewhere And this word up the River
Creek &c Instead of Down or Down instead of up shall not
Vitiate any Grant or Deed by which Land is Conveyed from
one man to an other where the rest of the Words in the said
Grant or Deed Manifestly Imply it onely to be a Mistake and
the first taker up shall rectify his Survey and take a New
Grant which shall be under the same Rent and no other Pro-
vided allways And be it Enacted That nothing in this Act
Conteined shall alter Change, Make Voyd, make Erroneous
or defeat any judgment Given and recovered in the Provintiall
Court before the makeing of this Act nor make Void any
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