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Proceedings and Acts of the General Assembly, March 1697/8-July 1699
Volume 22, Page 493   View pdf image (33K)
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Assembly Proceedings, June 29-July 22, 1699. 493

Arbitration or award under hand & Seale given before the
makeing of this Act, although such Judgments and awards are
given Contrary to the meaning of this Act but all such Iudg-
ments and all Such awards tho: they might not otherwise be
good about Land shall be and are hereby Confirmed other
Errors in Law Excepted, Provided such Awards shall within a
Year and a Day be Recorded in theire respective County
Records after the Publication of this Act and Acknowledged

Lib. L. L.

in open Court by one of the Arbitrators or Umpire. And if
a Certificate be so defective that one whole line be left out yett
if the other lines be soe Exprest that they show what Length
and breadth were designed, and that the Length and
breadth would make out the quantity of Land which the
taker up had due to him and the lines Exprest do infer to
Comon reason and Sence, that the lines were left out by mis-
take, in all Such Cases the first taker up shall hold his Land
agt any later taker up as if the Certificate were good and
intire. And if any Man hold a Tract of Land which is Exprest
to be bound on another Tract and to begin att a Markt Tree
Standing in the line of that Tract on wch it is said to bound
but the first Markt Tree Cannot be proved nor found Yet if
any other markt Tree of the Tract be found and proved That
found and proved Tree shall rule the Bounds of the Iract yet
so as onely the Precise Number of Pearches shall be held but if
no tree be found the Owner may Resurvey & lay it out again
Beginning in the line where it was at first said to begin But it
shall then be Accounted Latter then any other Survey in them
Parts and the taker up shall not intrude nor hold part of any
Tract of Land whereon a Plantation is Seated and whereof
there is Certein Prooff of the Bounds because a Certeinty is
to be Preferred before an uncerteinty But what Land he shall
include by his Survey Clear of other Tracts he may hold for

p. 226

ever by Virtue of his first Warrant and the like shall be
adjusted in all Paralell Cases where no Tree is to be found if
the Owners shall think it any Advantage by Saveing his War-
rant but then after Such resurvey he shall not pretend to his
former survey any more forever Yet if any Such Markt Tree
was said to begin in the Point of a fork, att the Mouth of a
Creek or Such other place which is as it were a Naturall Be-
ginning there if no tree is found Yett if the Place is Certeinly
known and Proved a Iury shall find a Point or Prick to begin
at, most agreeable to the descripcon in the Certificate of Sur-
vey or Grant of the Same no Evidence Admitted to prove a
Markt Tree where the Record Expresses none And Lastly Be
it further Enacted &c. That if any Controversy happen about
the Bounds of Land, whereof there is no parrell within this
Act The Provincial Court shall not Give Judgment therein but

p. 227



 
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Proceedings and Acts of the General Assembly, March 1697/8-July 1699
Volume 22, Page 493   View pdf image (33K)
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