218 Provincial Court Proceedings, 1673/4.




         Liber M M  the prmises being Elected Tryed & sworne upon their oathes doe say
                 they finde for the plt wth Costs of suite, and because the Jurors have
                 not assessed what Damage the sd plt susteined by occasion afore
                 sayd, the Court ordered a writ of Inquiry of Damages in this Cause
                 to issue to the Sheriff of St Maryes County Retornable next Cort
                 and Continue the Cause untill then, and the same day is given to
                 both ptys

            p. 154 John  Shankes This action of Ejectmt being Comenced by John
                    agt Shankes only as a Casuall Ejector agt Edward Con-
                 Edward Connery nery, Nehemiah Blackiston and Elizabeth his wife
                 being Lessor plt to try the Title of a pcell of Land in Dispute
                 betweene the said Nehemiah Blakiston and the sd Edward, and the
                 Court finding it necessary that the bounds of both psons be Surveyed
                 by a skilfull pson according to their Respective Deeds from Thomas
                 Gerard Esqs Deceased, and that a faire Plot & Certificate thereof
                 be Retorned to the Court. It is by the Court this day Ordered that
                 Mr Charles Boteler of the County of Calvert gentl Depty Surveyor
                 to the honoble Baker Brookes Esq Surveyor Genrall of this Province
                 be Especially appointed by this Court & is hereby appointed Em
                 powered and Comaunded to lay out the lands of Nehemiah Blackiston
                 and Edward Connery aforesayd according to their Respective Deeds
                 from the sd Mr Gerard in prsence of the Sheriff of St Maryes County
                 who is hereby Comaunded and Empowered to suthon and Empannell
                 a Jury upon the sd land and to Examine witnesses upon oath, that
                 the truth of the matter may be fully Discovered, and the said
                 Surveyor is hereby ordered to Runn his lines according to Evidence
                 then given and the Direction of the Jury, and to Returne a Certiffi
                 cate of his pceedings herein, and a fayre plot Distinctly Drawne of
                 the lands in question together with the Evidence that was sworne
                 to the next Provincial Cort attested undr the hand aswell of the said
                 Surveyor as of the said Sheriff, that so his Lopps Justices here being
                 fully informed of the truth of the prmises may Doe theirein as to
                 Justice apperteineth.

                  Upon a mocön in Cort made by Mr Carvile one of the Attorneys
                 of this Cot whether the Sheriff be obliged to take special bayle upon
             Rule   Every action, It is by the Cort this Day (the act of Assembly
                 touching the same being Read) Ordered that the Respective Sheriffs
                 hereafter take Bayle to appeare only and if their be occasion for spe
                 cial bayle, that then it be Required in Court by the plts Attorney.

                John Wells    To the Justices of the Provincial Court.
                    agt
                                Bee it Remembered that John Wells who aswell
                 Thomas Chandler &         .        .   .
                • .            for the Lord Proprietary as for himself in this
                 William Russell                    .
                               behalfe psecutes Came before Philip Calvert