172 Assembly Proceedings, 1694-1728.

Liber LL, 4

Acts

his part of the agreement aforementioned upon payment of the
Considⁿ money above Exprest, that then the same Obligation should
be Void And whereas as well the s^d Phillip Lynes as the said Wil-
liam dyed before the Execution of any deed of Sale or Feofment of
said land or before the Considⁿ mony fully paid And for that the
said John as Son and heir at Law to the said W^m hath since Com-
pleated the payment thereof, and for that the devisees of the said Phil-
lip Lynes to witt Anne Lynes, W^m Bladen Esq^r and Mary Contee
(then) widdow being minded to Execute and performe on the part of
their devisor what In his lifetime was oblidged to perform towards
the said W^m Smith and his heirs Executed a deed of bargaine and Sale
dated the twentyeth day of September seventeen hundred and Eleven
Intending thereby to Convey Assure and Confirme unto the said John
Smith the son and heir at law as af^d and his heirs and Assignes the
said one thousand acres of Land agreed for by the meets and bounds
in the Same deed Exprest as by the same deed acknowledged and
Enrolled in the records of Cecill County Court referance thereto
being had may more at Large appear But forasmuch as it is made
appear to this present Generall Assembly that the land Exprest in
the same deed to be surveyed out of that tract Called Belleconell for
Eight hundred thirty two acres Contains really within the bounds
thereof, as mentioned in said deed but about four hundred fifty four
acres the surveyor that Laid out the same haveing Expended that
number of pearches in the turnings winding and Meanders of the
branch which if Extended in a right Line northerly up the branch
would by an East and west Line run Athwart the said main tract
from the End of such northerly Line and by the Originall bounds of

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the said land to the southward of such East and xvest Line, have
Included the quantity of Eight hundred thirty two acres out of the
said Belleconell which mistake is prayed to be rectifyed, And for
that Ann Lynes one of the devisees of the said Phillip Lynes who had
Elected the residue of the s^d tract Called Belleconell to herself is
Dead since the Executing of the deed of Sale af^d and hath not left
any heir or devisee that Can be made Lyable to any Suit of the, said
John in Maryland, And for that the true Intent and Meaning of the
said Phillip Lynes and W^m Smith deceased and of the said devisees
and the said John Smith is sufficiently made appear to have been
that the parcell of Land Conveyed as af^d out of Belleconell as af^d
for Eight hundred thirty two acres ought to Contain that quantity,
But by the mistake af^d it really Containes but about the Quantity of
four hundred fifty four acres above mentioned according to the
bounds mentioned in the said deed and for that the payment of the
Consideration mony of said land is plainly made appear to have
been duly made by the said W^m Smith and John Smith it is therefore
humbly prayed that it may be Enacted.
And be it Enacted by the Queens most Excellent Maj^ty by and
with the advice and Consent of her maj^tys President Councill and