Page:Petty 1851 The Down Survey.djvu/275

 State, or by reason of difference in distinguishing the quality, or through difference in admeasurement not exceeding three per cent. uppon the profitable and forfeited lands of the whole barrony, it is thought fitt, to avoyd the necessity of imposing small scraps of land uppon some deficient adventurers, that soe much of the said distribution be null as is subsequent to the first irregularity, and that the above mentioned distribution made by the supposed perfect rules be adheared unto in lieu thereof, provided that those who are removed by vertue hereoff shall be allowed the value of their necessary improvements, as the same shall be sett by indifferent persons to be chosen for that purpose.

4thly. They humbly propound that in all other cases the distributions made by the adventurers shall stand, unless in the particular cases of individuall persons hereafter mentioned, vizt:

1st. Where a satisfaction consisting of severall denominations is in length, from one extremity thereof to the other, more then triple the breadth of the same, provided that the lines by which length and breadth are computed doe cross one another at right angles, except where the said proportion or satisfaction, as to the quantity, could not be sett out otherwise then in such disproportionable figure, and except such distribution be acquiesced in by all or the major part of the contiguous allottees, which kind of acquiescence your petitioners accompt a generall exception to particular irregularities, for as much as the same cannot be injuriouse where all or the major part of the persons concerned are content, and doe allow of the same.

2dly. When, in proceeding from an assumed point of beginning, according to any line of progression, the subsequent denomination is either not contiguouse to some of the proceeding, or not most according to the said line of progression, the subsequent denomination. As, for example, if the point of beginning or entrance be in the denomination, and the line of progression be from north to south, and the denomination taken next after be , your petitioners doe understand that if there be any other denomination contiguous to , whereof any part is more northerly then any part of , in such case the denomination  is injuriousely taken.

3dly. If, to make up a satisfaction for any lott, more then two denominations (by denomination being understood the disposeable part of a denomination) bee cutt, wee conceive the same to be injuriouse.

4thly. If a distribution bee omitted by the first private distribution, which