Provincial Court Proceedings, 1659. 321

tooke up, & sold the same, Crauing therefore th^t the s^d Thomas
Miles may eyther according to his Engagem^t w^th the plf giue him
Assurance that he may peaceably enioy the same w^thout molestaon
or trouble, or ells repay the 510^l Tob back againe to him. It appear-
ing by the deft his Condicon or Bill of Sale shewen in Court th^t
Nicholas Wyatt first tooke up this Land, & sold the same to the deft
And the deft sold the same againe to John ffreeman plf, And for that
the s^d Nicholas Wyatt hath not subscribed the Engagem^t, as is
prouided for by Act of Assembly, nor made Oath of ffidelity to his
L^p according to Condicons of Plantaon proposed by his L^p & still
refusing soe to doe, hath consequently made himselfe uncapable of
gyuing any assurance of the Land soe sold by him; or of holding any
other Land of or from his s^d Lordship, according to the Condicons
of Plantaon.
It is therefore Ordered That the s^d Nicholas Wyatt who first sold
this Ten Acres, (hauing noe right thereto, in not complying w^th the
Condicons of Plantaon as afores^d) Repay back that ffiue hundred &
Ten pownds of Tob to John ffreeman: And ffreeman againe to pay
the same summe to his L^ps Receiuer, for the L^d Proprietaries use,
And thereuppon the s^d ffreeman to haue that Land confirmed unto
him, & his heyres for euer from his s^d Lordship, w^th Charges of
Court.

Liber
P. C. R.
p. 289

Thomas Ringhould informes the Court, how th^t M^r Joseph Wicks
being appoynted Deputy Surueyo^r, hath surueyed a parcell of Land
knowne by the name of the Lower Easterne neck, where Thomas
Hinson is now seated, in behalfe of himselfe & the sayd Hinson for
300 Acres or thereabouts: whenas there is much more Land w^thin
those marked Bownds soe surueyed by him. Def rawding thereby his
L^p of the Land, & consequently of his due Rent. And therefore
Craues th^t the Court would authorize some One, to Resuruey the
same Land againe.
Ordered (according to the s^d Ringhoulds Request) That M^r
Robert Burle, Resuruey that same parcell of Land, formerly sur-
ueyed as afores^d, & Returne Certificate of the Suruey thereof to the
next Prouinciall Court to be holden 4^th of Octob^r next.
Commisⁿ to M^r Rob^t Burle &c: according to the Order.

Re Wickes

Whereas M^r Thomas Hinson hath petitioned the Court, Shewing
That hauing warr^t to take up Land, The Surueyo^r being not then able
to Lay out the same, Authorized him to marke any parcell of Land
not formerly marked or surueyed, & att his next comming up into
these parts he would suruey the same for him, W^ch the Pet^r did,
Yett the Surueyo^r not hauing layd out the same & deputing M^r Will^m
Coursey his Deputy, his Brother M^r [Henry Coursey] intends as the

Hinson v.
Coursey

Pet^r is informed to obstruct him in th^t his choyce, Presuming that his
s^d Brother, being Deputy Surueyo^r, eyther hath or will suruey th^t

p. 200