530 Assembly Proceedings, Oct. 24-Nov. 4, 1710.

L. H. J.
Lib. 41.

him your Petitioner's deceased Husband a very small Infant
who, when at Age sued to the Lord Baltimore's Agents for
Patent to issue to him for the same but was by them denyed ;

p. 271

for that a certain Thomas Smithson of Talbot County and
Thomas Smithson of Dorchester County had upon their Peti-
tion to the Lord Baltimore's Council obtained an Order that
they should have Liberty to take the said Land and have
Patent for the same. Which Land they accordingly surveyed
and sold the same to a certain Thomas Hicks and others of
Dorchester County for Recovery of which said Tract of Land
your Petitioner's Husband brought his Lease of Ejectment
against the Tenant in Possession and the said Thomas Hicks
took Defence upon him and nonsuited your said Petitioner's
Husband for want of Patent for the same to be produced in
Court, as by the said Petition Respect being thereto had will
more at large appear.
Upon reading which said Petition your Honours were
pleased to order That the said Pet" should be therein heard
&^ta Now your Petitioner prays that whereas your Pet" Hus-
band died before his Petition was heard and determined, that
your Honours would further order that considering her Inca-
pacity she may be heard by her Council on Behalf of herself
and the Orphan Children of her said deceased Husband and
that Summons may issue to the said Thomas Hicks and others
in Possession of the said Lands to appear before your Honours
at such Time as your Honours shall appoint. And your Pet^r
as in Duty bound shall pray &^ta
Which being read and the Council heard on both Sides;
Debated and put to the Question whether the Right be in the
Petitioner or Col^{o
Smithson's Assigns? Carryed by the
Majority of the Right is in the Heirs of Seward. Resolved
Leave be given to the Petitioner to bring in a Bill to restore
the Orphans to their Right in the Land
The House adjourned till to Morrow Morning Nine O'Clock}

Monday 30^th October 1710

The House met according to Adjournment. Being called
over were present as on Saturday; but M^r Lee Capt. Jones
and M^r Tyler absent; and M^r Hemsley sick
Magdalen Edmondson's Petition being read, and the Council
on both Sides heard, and ordered to withdraw, the Matter in
the Petition being debated; it's resolved the Petition be
rejected
Upon reading Captain Jacob Howard's Bond for Payment
of three Pence p Gallon for Rum &^ta was ordered to be
indorsed as follows Viz