Court and Testamentary Business, 1649 50.  245

      Dogs vizt three large Sowes and one large Bore one young Liber B.

      Sow and one young Barrow, the Boare being of a Grisled

      Colour wth Black Spotts, which Said Bore was ffiead by this De-

      ponent, but for the marks this Deponent remembreth not. And

      further sayeth not

                                Sworne in open Court

       Upon the motion of Robert Brooke Esq. Shewing that Wil- P. 422

      liam Stevens and Thomas Thomas have procured Surveys of

      Land on the South Side of Putuxant River without Warrants,

      for which land he the Said mr Brooks had a promise from the

      Governour, and prays that the Said Surveys may be made

      Null, And mr Clarke the Surveyor present in Court alledgeth

      that the Said Survey's were according to ‘Warrant, It is

      ordered That mr ffenwicke and Peter Johnson doe View the

      land Surveyed and Certifie whether the Surveys be according

      to the Warrant: yea or no And thereupon the Court will take

      Such further order as Shall be fitt.

      Mr John Ashcombe plant Upon Reading of a former Order

      Ismeall Wright defendt made in this Cause of the 24 day of

      November last whereby the hearing was respited till the Sur-

      veyors returne from Annarundell the Complts Suit against the

      defendant being for disturbing him in his possession of his

      land upon Putuxant River according to the Certificate of Sur-

      vey thereof upon Record dated the Sixth of August 1651 by

      altering his bound Markes cutting down Trees &c Mr Robert

      Clarke his Lordships Surveyor Generall now present in Court

      informing on the defendants behalf that the alteration of the

      bound Markes Complained against was by his direction occa-

      sioned by a Mistake in the Survey as he alledged therein But

      the Court being of opinion that after a Survey Entred upon

      Record the Surveyor Cannot without order of Court or the

      Tenants Consent alter the Same And It appearing that the

      plantiffes trouble & Charge in the Suite hath been occasioned

      by_the Surveyors unwarrantable proceedings in the premisses

      the Court This Court thereupon with the Consent of the plan-

      tiffe and the Said Surveyor doth order that the plt Shall

      peaceably enjoy the possession of the Land in question

      according to the Survey aforesaid, And if upon a new Survey

      it Shall appeare that the plantiffe hath upon the Said Survey

      upon Record dated the 6th August 1651 any more land then

      the Same was then Surveyed for, the Governour is willing to

      Grant the Same unto him he paying his Ldps Rent for the

      Same of which new Survey and Grant if any hapen to be, the